HomeMy WebLinkAbout1983/05/04 - Agenda Packetn
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1977
CTTY OF
RANCHO CCICANI %JC.,A
CITY CCUNCIL
AGENDA
Lions Park Community Center
9161 Rase Line Road
Rancho Cucamonga, California
May 4, 1983 - 7:30 p.m.
All items submitted for the City Council Agenda must be in writing. The deadline
for submitting these items is 5:00 p.m. on the Wednesday prior to the meeting. The
City Clerk's Office receives all such items.
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a
b.
1. CALL TO ORDER
A. Pledge of Allegiance to Flag.
R. Roll Call: Buquet_�L, Dahl v, Frost
Schlosser_, and Mikels_r
C. Approval of Minutes: March 16, 1983 and April 6,
1983.
2. ANNOUNCEMENTS
Thursday, May 5, 7:00 P.M. - HISTORIC PRESERVATION
COIMIISSION, - Lions Park Community Center.
Thursday, May 19, 7;00 p.m. - PARKS COMMITTEE MEETING -
Lions Park Community Center.
c. Applications for the Parks Committee vacancy due by 5:00
P.M., Thursday, May 12, 1983.
3• CONSENT CALENDAR
The following Consent Calendar items are expected to be
routine and non - controversial. They will be acted upon by
the Council at one time without discussion.
�a. Approval of Warrants, Register No. 83 -04 -29 in the 1
amount of $43.132.26 and Register No. 83 -05 -04 and
Payroll ending 4 -17 -83 in the amount of $313,605.05.
City Council Agenda -2- May 4, 1983
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b. Approval of Assessment District 82 -1 Warrants for March
1983 in the amount of $539,726.89.
c. Alcohol Beverage Application for Off -Sale General
License, Stater Bros. Market #53, 8770 Base Line.
d. Alcohol Beverage Application for Off -Sale General
License, Stater Bros. Market No. 78, 9750 Nineteenth
Street.
e. Alcohol Beverage Application for On -Sale Beer A Wine
Eating Place License, Jeanette C. A Mohamad Ali Musa,
Moe's Deli, 8760 Base Line.
f. Approval of City -State Agreement to the City -State
Federal Aid Urban Traffic Signal Project at 4th Street
and Archibald Avenue. The city's share for the signal
to be done in cooperation with the City of Ontario.
Project will be 100$ federally funded. The 50% City
share amounts to $46,000.
• RESOLUTION NO. 83 -48
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING
EXECUTION OF LOCAL AGENCY -STATE AGREEMENT NO.
08 -5420, PROGRAM SUPPLEMENT NO. 6.
g. Approval of Alta Loma Channel Guarantee of Payment
Agreement with the Roberts Group which guarantees
payment of $3,863.96 share of the engineering costs for
formation of Alta Low Channel Assessment District 82 -2.
h. Approval of Reimbursement Agreement for Planned Drainage
Facility Construction between City of Rancho Cucamonga
and M. J. Brock 6 Sons, Inc.
RESOLUTION NO. 83 -49
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A
REIMBURSEMENT AGREEMENT FROM M.J. BROCK 6
SONS, INC. FOR TRACT 9369 AND TRACT 11173.
i. Approval of Parcel Map 7264 - Watt Commercial - located
on southeast corner of Haven Avenue and Lemon Avenue.
RESOLUTION NO. 83 -50
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING
PARCEL MAP 7264.
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City Council Agenda -3- May 4, 1983
j. Authorization to establish - a Service Recognition
Program.
k. Approval is requested for the contract with the City of
Ontario to share costs equally ($10,000 each) for a
consultant to develop a Community Facilities Act
District for the construction of Day Creek. City
funding to come through the Redevelopment Agency.
Consultants selected were Willdan Associates and Brown
and Nazarek.
1. Approval of Furniture for Employee Lounge in the
Sheriff's Department. Request that $720 be transferred
from the Sheriff's Department overtime budget for this
expenditure.
m. Approval of Indenture with Southern Pacific Railroad to
allow 84 inch storm drain under the railroad at the
Victoria Parkway underpass.
• RESOLUTION NO. 83 -51
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING AN
INDENTURE AGREEMENT BETWEEN THE CITY AND THE
SOUTHERN PACIFIC TRANSPORTATION COMPANY FOR
THE RIGHT TO CONSTRUCT AN 84 INCH STORM DRAIN
PIPE BENEATH THE RAILROAD TRACKS WITHIN THE
VICTORIA PROJECT.
n. Acceptance of Street and Drainage easements from
Southern California Edison Company located at various
places which cross transmission lines east of Day Creek
Boulevard for future drainage and street crossings.
RESOLUTION NO. 83 -52
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING
STREET AND DRAINAGE EASEMENT OVER SOUTHERN
CALIFORNIA EDISON COMPANY PROPERTY, NORTH OF
BASF, LINE ROAD (VICTORIA PLANNED COMMUNITY).
o. Approval of Proposed Day Creek Agreement between the
Redevelopment Agency and the City of Rancho Cucamonga
providing for city implementation of Day Creek
facilities project and establishing RDA funding.
p. Set Public Hearing for May 18, 1983 for Emergency
Expenditures to meet National Needs (Federal Jobs Bill
Projects).
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City Council Agenda -4-
May 4, 1983
CITY COUNCIL OF THE
CITY
OF RANCHO CUCAMONGA, COUNTY OF
4. ADVERTISED PUBLIC HEARINGS
A.
VACATION OF SERVICE ROAD. Road located on the south
69
side of Foothill Boulevard in connection with Parcel Map
STREET FOR RAILROAD
SPUR
6114 submitted by Vista Investment. Item continued from
the March 16, 1983 agenda. Staff report by Lloyd Hubbs,
City Engineer. Request item be continued to 6 -1 -83•
S.
APPEAL OF PLANNING COMMISSION DECISION FOR GENERAL PLAN
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AMENDMENT 83 -OIA - SANORVECHAIANT. A request to amend
the General Plan Land Use Plan from medium residential
(4 -14 dwelling units /acre) to medium -high residential
(14 -24 dwelling units /acre) on approximately 15.5 acres
of land located at the northeast corner of Base Line
Road and Rochester Avenue - APN 227- 091 -45. Item
continued from the April 6, 1983 city council meeting.
Applicant has requested a 30 -day continuance. Staff
report by Rick Gomez, City Planner.
C.
ENVIRONMENTAL ASSESSMENT AND PLANNED DEVELOPMENT 83 -02
(TENTATIVE TRACT 12362) - RANCHO CENTER. A change of
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zone from R -3 (multiple family residential) to R -3 /PD
(multiple family residential /planned development) and
the development of 88 units arranged as four- plexes on
6.4 acres located south of Base Line, on the west side
of Hellman - APN 208- 011 -02 and 04.
ORDINANCE NO. 202 (second reading) R4
AN ORDINANCE OF THE CITY COUNCIL REZONING /
ASSESSOR'S PARCEL NUMBERS 208 - 011 -02 AND 04,
FURTHER DESCRIBED AS PARCEL 3 OF PARCEL MAP
6395 LOCATED SOUTH OF BASE LINE, ON THE WEST
SIDE OF HELLMAN AVENUE FROM R -3 TO R -3 /PD FOR
TENTATIVE TRACT 12362.
D. GRANTING OF EASEMENTS ACROSS 8TH STREET. It is required 85
that easements be granted across 8th Street for railroad
spur purposes in connection with Parcel Map 7555. Staff
report by Lloyd Hubbs, City Engineer.
RESOLUTION NO. 83 -53 87
A RESOLUTION OF THE
CITY COUNCIL OF THE
CITY
OF RANCHO CUCAMONGA, COUNTY OF
SAN
BERNARDINO, STATE OF
CALIFORNIA, GRANTING
TWO
EASEMENTS ACROSS 8TH
PURPOSES.
STREET FOR RAILROAD
SPUR
s
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City Council Agenda -5- May 4, 1983
E. SENIOR HOUSING OVERLAY DISTRICT: GENERAL DEVELOPMENT
AGREEMENT. Draft General Development Agreement to be
used in conjunction with senior citizen housing project
developed under the provisions of the Senior Housing
Overlay District. Staff report by Rick Marks, Associate
Planner.
The Planning Commission recommends:
1. That the City Council approve the General
Development Agreement, and
2. That the General Development Agreement be
completed on a project -by- project basis and
brought to the Planning Commission and City
Council for review and approval.
RESOLUTION NO. 83 -54
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A
GENERAL DEVELOPMENT AGREEMENT TO BE USED IN
CONJUNCTION WITH SENIOR CITIZEN HOUSING
PROJECTS DEVELOPED UNDER THE PROVISIONS OF
THE SENIOR HOUSING OVERLAY DISTRICT.
5. NON- ADVERTISED ORDINANCES FOR CONSIDERATION
None submitted.
6. CITY MANAGER'S STAFF REPORTS
A. PURCHASE OF SURPLUS PROPERTY FROM THE CHINO BASIN
MUNICIPAL DISTRICT. Request that the Community Services
Director be authorized to open escrow proceedings for
the purchase of surplus property from Chino Basin
Municipal Water District for the purpose of construction
of an addition to the Rancho Cucamonga Neighborhood
Center. The Neighborhood Center addition is a two -year
Project, funded under the Housing and Urban Development
Department's Community Development Block Grant, _
Program. It will provide added community meeting and �.
recreation facilities with particular emphasis given to
senior citizen activities. It is also requested that
authorization be granted the Community Services Director
to distribute request for proposals for the design of
the Rancho Cucamonga Neighborhood Center. Staff report
by Bill Holley, Community Services Director.
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City Council Agenda -6- May 4, 1983
B. SUPPORT OF BENEFIT ASSESSMENT PROGRAM. A resolution
supporting placement of a flood control benefit
assessment on the November ballot. Staff report by
Lloyd Hubbs, City Engineer.
RESOLUTION NO. 83 -55
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO CUCAMONGA, CALIFORNIA, SUPPORTING
THE PASSAGE OF A FLOOD CONTROL BENEFIT
ASSESSMENT MEASURE ON THE NOVEMBER BALLOT.
C. INDUSTHIAL SPECIFIC PLAN CIRCULATION REVIEW. On March
16 the city council referred this item to the Planning
Commission for study. Results of their study of the
north /south access road east of Haven Avenue between
Fourth and Sixth Streets is now before the City Council
for consideration. Staff report by Lloyd Hubbs, City
Engineer.
• E. DRAFT FOOTHILL COIMUNITI PLAN. The County planning
staff will review the status of the Foothill Area
Community Plan and answer any questions or comments by
the City Council. Staff report by Tim Beedle and County
Staff.
F. PROPOSED CITY /COUNTY POLICY PACKAGE. Item requested by
Mayor Mikels.
7. CITY ATTORNEY'S REPORTS
No items submitted.
8. COUNCIL BUSINESS
No items submitted.
9. ADJOURNMENT
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• March 16, 7983
CITY OF RANCHO CUCAMONGA
CITY COUNCIL MINUTES
Regular Meeting
A regular meeting of the City Council of the City of Rancho Cucamonga met in
the Lions Park Community Center, 9161 Base Line Road, on Wednesday, March 16,
1983• The meeting was called to order at 7:40 p.m, by Mayor Jon D. Mikels.
Present: Council members: Richard M. Dahl, Charles J. Buquet II, Phillip D.
Schlosser, James C. Frost, and Mayor Jon D. Mikels.
Also present: City Manager, Lauren M. Wasserman; City Attorney, Robert
Dougherty; Community Development Director, Jack Lam; City Planner, Rick Gomez;
Finance Director, Harry Empey.
Approval of Minutes: February 2, 1983, February 7, 1983, February 10, 1963.
Motion: Moved by Schlosser, seconded by Dahl to approve the minutes of
February 2, 7, and 10. Motion carried unanimously 5 -0.
2. ANNOUNCEMENTS
• a. Thursday, March 17, 1983, 7:00 p.m. - PARKS COMMITTEE, Lions Park
Community Center, 9161 Base Line Road.
It. Thursday, March 24, 1983, 7:00 p.m. - ADVISORY COMLMISSION, Lions Park
Community Center, 9161 Base Line Road.
C. Presentation of Proclamation proclaiming Saturday, March 19,1983 as Red
Cross Appreciation Day.
d. Presentation of Proclamation to Jeff King commending him for his service
to the Community as a Planning Commissioner.
e. Presentation of Proclamation to recognize City employees for the work put
in during, the storms. Engineering staff present to receive the recognition
were: Tine Torres, Richard Carillo, Robert Cardiel, Robert Zetterberg, Tom
Acosta, Marc Cason, Rick Piantedosi, and Monte Preacher.
f. Mr. Wasserman introduced John Futscher, the new Lieutenant at the
Sheriff's Department.
g. Mr. Wasserman requested additions to the Agenda as follows: City
Manager's Staff Report, Item "E", Resolution No. 83 -36, opposition to the EPA
Sanctions; and Item "F", Resolution No. 83 -37, approval of cooperation
agreement for multiple family housing revenue bond. Council concurred.
h. Mayor Mikels presented a report from the National League of Cities
Congressional Conference at which both he and Mayor Pro Tem Buquet had
attended.
3. CONSENT CALENDAR
a. Approval of Warrants, Register No. 83- 03 -16, and Payroll ending 03 -06 -83
in the amount of $698,840.60.
b. Forward Claim by Roy and Dannie Ratliff to the City Attorney for handling.
C. Approve and execute informal contract for the completion of Vineyard
Avenue Street Improvements FAU M /MR- R194(2) to Riverside Construction Co., the
low bidder at $255,054.40.
d. Approve acceptance of the Carnelian Street Improvements (05- 06 -55) and
authorize the city engineer to file a Notice of Completion with the County
Recorder and to release performance surety and retention.
Release Performance Bond $144,712,82
RESOLUTION NO. 83 -29
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING THE CARNELIAN STREET
IMPROVEMENTS (05- 06 -55) AND AUTHORIZING THE FILING OF A
NOTICE OF COMPLETION.
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e. Approval of agreement with Donald G. King 6 Assoc. as Environmental Impact •
Consultant for the Alta Loma Channel Assessment District.
f. Approval of Parcel Map 7797, Bonds, and Agreement -R. C. Associates, II,-
located on the south side of 8th Street approximately 440 feet east of
Pittsburgh Avenue,
RESOLUTION NO. 83 -30
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP 7797,
IMPROVEMENT AGREEMENT, AND IMPROVEMENT SECURITY.
g. Approval of extension agreement for Tract 11696 located on the west side
of Sapphire Street at Garden Court submitted by Vanguard Builders.
RESOLUTION NO. 83-31
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT EXTENSION
AGREEMENT AND IMPROVEMENT SECURITY FOR TRACT 11696.
h. Approval of Assessment District 82 -1 Contract Change Order No. 2 relating
to the reconstruction of Rochester Avenue, south of 8th Street.
i. Approval of Parcel Map 7864, Bonds, and Agreement - American Industries •
(Biane Winery) located cn the south side of 8th Street, west of Turner Avenue.
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• RESOLUTION NO. 83 -32
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP 7864,
IMPROVEMENT AGREEMENT, AND IMPROVEMENT SECURITY.
j. Release of Bonds:
Tract 9193 - located on the west side of Vineyard, south of Base Line
Owner: William Lyon Co.
Faithful Performance Bond (road) $10,000
Tract 9262 - located on the east side of Vineyard, south of Base Line
Owner: William Lvon Co.
Faithful Performance Bond (road) $20,000
RESOLUTION NO. 83-33
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC
IMPROVEMENTS FOR TRACT 9193 AND 9262 AND AUTHORIZING
THE FILING OF A NOTICE OF COMPLETION FOR THE WORK.
• k. Release of T.O.P. Bonds to Lewis Homes:
Tract
9454
042- 1047G36
$2,000
Tract
9454
042 - 1048943
$ 500
Tract
9567
042 - 1063769
$2,294
Tract
9567
042 - 1063751
$ 575
Tract
11461
042- 1075342
$ 500
1. Forward Claim against the City by Steve and Deborah Weddle to the city
attorney for handling.
m. Approval of designation of $500,000 from reserves to the General Fund for
cash flow purposes.
0. Set public hearing for April 6, 1983 for Environmental Assessment and
Zoning Ordinance Amendment 83 -01. An amendment to Chapter 1, Section 1.08.160
and 1.08.170 of the City of Rancho Cucamonga Municipal Code regarding home
occupation permits.
p. Set public hearing for April 6, 1983 for Housing Assistance Plan for
Community Development Block Grant Program.
q. Set public hearing for April 6, 1963 for Community Development Block Grant
Program Statement of Objectives for 1963 -84.
Motion: Moved by Frost, seconded by Schlosser to approve the Consent
Calendar. Motion carried unanimously 5 -0.
4. Pu@CIC HEAAINOS
A. ENVIRONMR:NTAL ASSESSMENT AND PLANNED DEVELOPMENT 82 -06 - TENTATIVE TRACT
12320 - L A G. A change of zone from R -3-T (multiple family residential) to
R -3 /PD (multiple family residential /planned development) and the development
of 116 condominiums on 8.98 acres of land located at the southeast corner of
Archibald Avenue and Victoria Avenue - APN 202 - 181 -07. (First reading held on
March 2, 1983)• Staff report presented by Rick Gomez, City Planner.
Mayor Mikels opened the meeting for public hearing. There being no response,
the public hearing was closed.
City Clerk Wasserman read the title of Ordinance No. 195.
ORDINANCE NO. 195 (second reading)
AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA,
CALIFORNIA, REZONING ASSESSOR'S PARCEL NUMBER 202-
181-07, LOCATED AT THE SOUTHEAST CORNER OF ARCHIBALD
AND VICTORIA AVENUES, FROM R -3 -T TO R -3 /PD.
Motion: Moved by Schlosser, seconded by Frost to waive full reading of
Ordinance No. 195. Motion carried unanimously 5 -0.
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Motion: Moved by Schlosser, seconded by Frost to approve Ordinance No. 195.
Motion carried by the following vote: •
AYES: Dahl, Buquet, Schlosser, Frost, Mikels
NOES: None
ABSENT: None
B. VACATION OF A PORTION OF 7TH STREET. Vacation of a portion of 7th Street
adjacent to California Finished Metals located on the southeast corner of 7th
Street and Center Avenue. Staff report by Lloyd Hubbs, City Engineer.
Mr. Frost felt we should not consider a Vacation until such a time that a
project comes in or there is a need to physically develop 7th Street because
of the layout. He felt there were some drainage problems and other matters to
consider and that this should be done concurrently with the approval of a
project.
Mayor Mikels opened the meeting for public hearing. There being no response,
the public hearing was closed.
Motion: Moved by Frost, seconded by Buquet to continue Resolution No. 83-34
to the April 6 meeting. Motion carried unanimously 5 -0.
RESOLUTION NO. 83 -34
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, SUMMARILY ORDERING THE .
VACATION OF A PORTION OF 7TH STREET.
C. CONSIDERATION OF AN ORDINANCE ESTABLISHING A TRANSIENT OCCUPANCY TAE. An
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• Ordinance proposing a transient occupancy tax for motels. Staff report by
Harry Empey, Finance Director.
Mr. Empey stated that in light of general fund reductions over the past few
years, we have been seeking, sources of revenue. He stated the two taxes
proposed do not impact the City now, but should be put into place for the
future. A bed tax has always been a source of tax for cities. The admissions
tax has been a source only recently. These types of taxes were not special
taxes and could be put into effect without approval of the voters.
Mayor Mikels opened the meeting for public hearing. There being no response,
the public hearing was closed.
City Clerk Wasserman read the title of Ordinance No. 197.
ORDINANCE NO. 197 (first reading)
AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA,
CALIFORNIA, AMENDING TITLE 3 OF THE RANCHO CUCAMONGA
MUNICIPAL CODE BY ADDING CHAPTER 3.40 THERETO TO
IMPOSE A TAX UPON THE PRIVILEGE OF TRANSIENT
OCCUPANCY.
Motion: Moved by Dahl, seconded by Buquet to waive full reading of the
• Ordinance. Motion carried unanimously 5 -0.
Mr. Frost stated he objected to an additional tax even though there was a need
for sources of additional revenue. He did not like to have this placed on the
books before any businesses would have a chance to object.
Mr. Buquet stated that although he was not basically in favor of additional
taxes just to increase revenue, he felt this was one that other cities have.
For example while in Washington D.�,,he discovered they have a tax in excess of
10 percent.
Mr. Wasserman stated that the City of Ontario was enjoying an income in excess
of $400000 per year from just the Red Lion.
Mr. Wasserman stated they would be taking these two ordinances to the Chamber
during the next two weeks for their review.
Mayor Mikels set April 6, 1983 for second reading.
D. CONSIDERATION OF AN ORDINANCE ESTABLISHING AN ADMISSIONS TAX. An
Ordinance proposing an admissions tax for theaters and similar recreational
activities. Staff report by Harry Empey, Finance Director,
Mr. Empey stated that there are two other cities considering this, Chino and
Montclair. Pomona has an admissions tax which is set at 17 percent.
Mayor Mikels opened the meeting for public hearing. There being no response,
the public hearing was closed.
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Mr. Frost stated he had similar reactions to this tax as he did with the bed •
tax; it just added to the cost of doing business in the City. He felt this
needed some deeper thought between now and second reading.
Mr. Dahl stated not many people were really aware what impact the State,
Federal, and County out hacks were to cities. He felt this is a type of tax
that is not harmful and will allow the city to get some of the revenue it
needs. He would be in favor of this type of tax.
City Clerk Wasserman read the title of Ordinance No. 198.
ORDINANCE NO. 198 (first reading)
AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA,
CALIFORNIA, AMENDING TITLE 3 OF THE RANCHO CUCAMONGA
MUNICIPAL CODE BY ADDING CHAPTER 3.36 THERETO TO
IMPOSE AN ADMISSIONS TAX.
Motion: Moved by Dahl, seconded by Buquet to waive full reading of Ordinance
No. 198. Motion carried unanimously 5 -0.
Mayor Mikels set April 6, 1983 for second reading.
E. VACATION OF SERVICE ROAD - PARCEL MAP 6114. It is requested that the •
public hearing for the vacation of the service road located on the south side
of Foothill Boulevard in connection with Parcel Map 6114 be continued to May
4, 7983. Staff report by Lloyd Hubbs.
Motion: Moved by Frost, seconded by Schlosser to continue to May 4, 1983.
Motion carried unanimously 5 -0.
F. AN ORDINANCP, AMENDING SECTIONS 4 AND 7 OF ORDINANCE NO. E7 CREATING AN
ADVISORY COMMISSION. Proposed amendments to the ordinance will create a
Chairman from the membership of the Advisory Commission to serve one year at
the Commission's pleasure, and fix terms of new members of the Advisory
Commission at two years. Staff report by Jim Robinson, Assistant City
Manager.
Mr. Robinson stated there were two changes which had been recommended by the
Advisory Commission.
a. That a Chairman be appointed. Sharon Romero has already been
appointed as the present chair person.
b. That terms of office be changed from four years to two years.
Mayor Mikels opened the meeting for public hearing. There being no response,
the public hearing was closed. •
Mr. Wasserman read the title of Ordinance No. 87 -A.
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• ORDINANCE NO. 87 -A (first reading)
AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA,
CALIFORNIA, AMENDING SECTIONS 2.28.040 AND 2.28.070
OF THE RANCHO CUCAMONGA MINICIPAL CODE RELATIVE TO
TERMS OF APPOINTMENT OF ADVISORY COMMISSION MEMBERS
AND OFFICERS.
Mayor Mikels set the second reading of ordinance No. 87 -A for April 6, 1983•
5. CITY MANAGER'S STAFF REPORTS
A. REQUEST FOR CONSIDERATION OF WAIVER OF OFF -SITE IMPROVEMENTS. A request
has been submitted to the City Council to consider the waiver of off -site
improvements located on Sierra Vista Drive. Staff report by Lloyd Hubbs, City
Engineer.
Mayor Mikels opened the meeting for public comment. There being no comments,
Mayor closed the public portion of the meeting.
Mr. Wasserman stated he was concerned that the appellant was not present, He
recommended that this item be continued to April 6 to make sure the he had
been notified,
• Mr. Frost suggested that Council look at the 650 square feet provision.
Mr. Lam stated we have a square footage requirement on the storm drain fees.
The ordinance was devised to specifically address street improvements in areas
that do not have standard street improvements. At the time Council wished a
mechanism by which existing areas could be brought up to standard. The only
way of doing this was at the time of building permits. It was decided that
the 650 figure would be the reasonable size for expansion on a home.
Motion carried unanimously 5 -0 to continue to April 6th.
B. STORM DAMAGE STATUS REPORT - CONSULTANT SELECTION. Summary of progress on
storm damage repair and request authorization to retain L.D. King Engineering
to prepare plans and specifications for the repair of damaged streets. Staff
report by Lloyd Hubbs, City Engineer.
Mr. Hubbs stated that the agreements had just been approved by the city
attorney, and therefore, tonight was the first that Council had seen them.
The city attorney had made some suggested change$ to the agreements as
follows:
The lead -in portion of Section 7 should read as follows:
"Section 7. METHOD OF PAYMENT. The estimated total fees for
the services to be performed by Consultant are as follows:
2. Paragraph E of Section 7 should be revised to read as follows:
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"E. Consultant shall be paid for services rendered on an hourly •
fee basis. The hourly rates, mileage charges and other
miscellaneous costs items, shall be as set forth in Consultant's
Rate Schedule dated August, 1982, attached hereto as Exhibit
,A,,"
j. Subsection G of Section 7 should be revised to read as follows:
"G. Consultant may submit to City, no more frequently than
semimonthly, invoices itemizing all services performed by
Consultant since date on which the last invoice was submitted.
The amount shown on each invoice shall be paid within fourteen
(14) days after submission thereof, without prejudice to the
City's right to thereafter contest the accuracy of any such
invoice, unless the City within said fourteen (14) da eriod
notifies Consultant that such invoice is not accep nle In
such event City shall notify Consultant of the reasons for the
unacceptability of such invoice in order to allow Consultant to
promptly respond and make any corrections, or supply any
additional information, which the City may reasonably require
under the circumstances."
4. Section 14 should be revised to read as follows:
"Section 14. Termination of Agreement and Suspension of •
Performance. City shall have the right, but Consultant shall
not, to terminate this Agreement or suspend Consultant's
performance hereunder after the completion of the preliminary
study for locations 2, 4, and 7, or at any other time after
giving Consultant fifteen (15) days notice in writing of City's
intention to either terminate this Agrement or suspend
Consultant's performance hereunder."
Mayor Mikels opened the meeting for public input. There being none, the
public portion of the meeting was closed.
After considerable discussion by Council, Mr. Frost stated he was
uncomfortable about approving a contract for such a considerable amount of
money that he hasn't had a chance to look at.
Mr. Rubbs stated he felt the problem that Council was having was with the five
location contract which staff would want to go out to bid on within the next
ten days. Approximately $7 -9,000 would be needed before the next Council
meeting for the two feasibility studies, options on the larger work, and the
contract for the five locations.
Discussion continued. Mr. Buquet stated he felt this could not be delayed too
long.
After further discussion, Mr. Frost suggested that Council take a break and he
would review this during that time. •
•ue *•
I
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Mayor Mikels called a recess at 8;55 p.m. The meeting reconvened at 9:07 p.m.
with all members of Council and staff present.
* * * * **
After the break, Mr. Frost "stated he had time to talk with Mr. Hubbs during
the break. He stated that the agreement doesn't adequately respond to the
engineering required for improving a,. the same time we go in and talk about
restoration and reconstruction. There is a need for some language
clarification, but we have time for further refinements. He felt we were
adequately covered during the next two weeks.
Motion: Moved by Frost, seconded by Schlosser to approve with the recommended
changes by the city attorney dated March 16. Motion carried unanimously 5 -0.
C. UPDATE ON STATUS OF RTINANDA SPECIFIC PLAN. Staff will present an
overview of the schedule for the Etiwanda Specific Plan, and request that
Council consider setting the date of Monday, April 11, as the first public
hearing. Staff report by Jack Lam, Community Development Director.
Mr. Lam stated that a special meeting of the City Council be set for Monday,
April 11, for public hearing on the draft Etiwanda Specific Plan, Draft EIR,
and General Plan Amendment.
• Council concurred. Time for the hearing was set for 7:00 p.m. in the Lions
Park Community Center.
D. RANCHO CUCAMONGA ADVISORY COMMISSION RECOMMENDATION'S REGARDING THE SALE
OF SAFE AND SANE FIREWORKS. The City Council requested the Advisory
Commission to review the City's existing policies relative to the sale of safe
and sane fireworks and forward specific recommendations relative to: (1)
quantity of booths allowed in the City, (2) who is expected to be final
beneficiary of the sales, (3) who should be allowed to sell, and (4) how to
increase safety factor. Staff report by Jim Robinson, Assistant City Manager.
Mayor Mikels opened the meeting for public input. Addressing Council was:
*Debbie Logan, 10350 Base Line, respresenti.ng the Rancho Cucamonga
Junior Women's Club, stated they wanted to express concern over the
quantity of booths allowed in the City. Also, the quantity of
organizations who are able to apply for a booth. They urged some
type of limitations to those who would be allowed to have a fire
works booth.
*Bob Plamondon, Rancho Street, Alta Loma, representing the Rio Grande
Kawanis Club, stated they had studied the list of those who have
asked for booths. He has discussed this matter with the Presidents
of other service clubs such as Lions, Rotary, Cucamonga Service
Club. They agree with the restriction of 10,000 per capita per
booth. They expressed concern about the types of organizations in
line for booths; in particular the small self interest groups who
would man a booth and then disseminate the money among a very small
group within the community. A service club already has projects that
I
they disseminate money to. Their request is that Council reconsider •
the possibility of restricting the use of the booths to a club :or
organization having a stronger dissolution of funds down from the
club. They wanted to see the money go to the best possible use in
the city.
*Sharon Romero, Advisory Commission member, stated that the
Commission discussed this issue in great detail as to who should be
allowed on the list and why they should or should not be allowed.
They came up with two things which made them decide to leave this as
it was. (1). Once they have shown what the projected used would be
within the community, then the council could decide whether the
community would be benefitting. If it was a limited usage that was
being used for the benefit of a very small portion of the city, then
their request for a booth could be denied. (2). Was philisophical
in making value judgements. If a group is a member of the community,
then did it really matter that they shared a particular interest. If
you grouped them right, then a lot of the people in the community do
share interests and it should not preclude them from being on the
list. Also, there was a strong feeling among the the Advisory
Commissioners that the community would benefit from a fireworks show.
*Chief Feuerstein stated that when he spoke before the Advisory
Commission, they had discussed a number of things which could be done
in the way of public relations and enforcement. One of the things
mentioned was that a portion of the proceeds from the sale of •
fireworks be contributed from each stand to youth programs. Some
other suggestions by the Advisory Commission was to put on PR
programs for not only the children in the schools, but the adults
also; to mail out fliers to all the residents about enforcement on
illegal fireworks, and to set up better control mechanisms for the
illegal fireworks. Just to do that type of a mail out program would
be very expensive. He suggested that if some of the money was to be
channeled back from the stands, then perhaps some of the money could
be used for the program itself.
*Mr. Plamondon stated that each booth operator was to have a
license. He felt this fee could be used for the purpose that Chief
Feuerstein was talking about. How to increase safety factor -- he
felt that even a printed form of a greater magnitude to hand out at
each booth emphasizing the law would be quite helpful. He also
pointed out that some of the small groups would have a hard time
manning a booth.
There being no further comments, Mayor Mikels closed the public portion of the
meeting.
Mr. Frost stated his concern was to go hack to the action that a prior Council
had taken. It was his personal feelinF, that Council take a long hard look at
this source of revenue which is available which would otherwise come from some
type of public subsidy. •
Mr. Frost stated that he felt the Council should set up some delineated
guidelines for staff so they could do some screening without having to try to
• second guess Council.
Mr. Buquet stated that the intent when fireworks were first allowed was to
help create a revenue generating source for service organizations. His
concern now was there is a great deal of inequities in the make up of the
groups. Some of the groups are over 1000 in members and other groups are less
than 100. He felt there were organizations on the list that desperately
needed the money, and there were other groups that this would be icing on the
cake. He felt the present system needed to be evaluated by the Council and
some type of strong policy determinations needed to be made. He felt there
were some abuses in that some of the groups on the list were so similar in
concept. He felt there needed to be some strict guidelines set regarding the
kind of groups to be allowed a booth, and a very tight accounting process
needed to be followed up concerning how the funding was being utilized.
Mr. Dahl agreed with Mr. Buquet's appraisal. He felt they should deal with
determining the criteria in which the organizations obtain the booths. The
organization should show us in advance what their plans were for the use of
the funds which would be of public benefit. There should be an accounting of
the profits after the booths are closed showing the amount of profit that has
been taken in by each organization to assure that we know the amount of money
that should be allocated for public type funding, and a time frame should be
submitted for the expending of the monies for the public benefit. Then after
this has been accomplished, another accounting should be done to show that all
• of the funds which were agreed upon to be spent for this particular project
were expended.
Mayor Mikels stated in ether words, a review of the benefits and an audit.
Mr. Dahl stated yes.
Mayor Mikels concurred with the comments by the other councilmen that we
needed to tighten up the process.
Mr. Buquet stated a subcommittee should be appointed to look into this in
greater detail. Council concurred with the Mayor's appointment of Mr. Buquet
and Mr. Frost to head the committee and come back as quickly as possible after
reviewing criteria for eligibility, type of groups, budgets and audit
situations, etc.
Mr. Robinson asked Council for direction regarding the groups on the list for
1983• Council concurred that the 1983 groups remain as is. This would not
affect them.
Mr. Dahl suggested putting a freeze on additional names until after the
committee report.
Motion: Moved by Dahl to put a freeze on until after the committee report.
The motion failed for lack of a second.
Motion: Moved by Dahl, seconded by Buquet to place a freeze on additions to
the list. Motion carried by following vote:
AYES: Dahl, Buquet, Mikels
NOES: None
N\
ABSENT: None
ABSTAINED: Schlosser and Frost
Mr. Frost stated he abstained because he submitted the name of the Etiwanda
Historical Society, and he desired that the record not suggest that he had any
type of predetermination this action would be taken tonight.
Mr. Schlosser stated that he did not believe we should have the sale of fire
works in the city. This has always been his position.
ADDED ITEM: CONSIDERATION OF RESOLUTION IN OPPOSITION TO EPA SANCTIONS.
Staff report by Mayor Mikels.
Mayor Mikels explained there was an emergency to get this to the proper
organizations in time. He realized this was a non - agenda item.
City Clerk Wasserman read the title of Resolution No. 83 -36.
RESOLUTION NO. 83 -36
0
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, OPPOSING THE
IMPOSITION OF SANTIONS BY THE ADMINISTRATOR OF THE
ENVIRONMENTAL PROTECTION AGENCY UPON THE SOUTH COAST •
AIR BASIN.
Mayor Mikels opened the meeting for public hearing. There being no response,
the public portion of the meeting was closed.
Motion: Moved by Dahl, seconded by Buquet to adopt Resolution No. 83-36 and
to waive full reading. Motion carried unanimously 5 -0.
F. ADDED ITEM: APPROVAL OF COOPERATION AGREEMENT FOR MULTIPLE FAMILY HOUSING
REVENUE BOND. Staff report by Jack Lam, Community Development Director.
Mayor Mikels opened the meeting for public input. There being none, the
public portion of the meeting was closed.
Motion: Moved by Schlosser, seconded by Dahl to approve Resolution No. 83 -37
and to waive full reading. Motion carried unanimously 5 -0. City Clerk
Wasserman read the title of Resolution No. 83 -37.
RESOLUTION NO. 83 -37
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, ADOPTING A MULTI-
FAMILY RENTAL HOUSING MORTGAGE FINANCE PROGRAM IN
COOPERATION WITH THE COUNTY OF SAN BERNARDI40 AND
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE FOR
AND ON BEHALF OF THE CITY A COOPERATIVE AGREEMENT .
BETWEEN THE COUNTY OF SAN BERNARDINO AND THE CITY.
0
6. CITY ATTORNEY'S REPORTS
City Attorney had nothing to report.
7. COUNCIL BUSINESS
A. DISCUSSION OF THE LAS VEGAS SUPER -SPEED RAIL. The feasibility study to
determine the viability of constructing a high- speed /super -speed
transportation system linking Los Angeles with Las Vegas is completed. The
report states that a 250 mph Maglev system can be built by 1991 and will
operate profitably. Item requested by Mayor Mikels.
Mayor Mikels stated he placed this on the Agenda since the potential terminus
of the train would be near I -10 and I -15. They were talking about a parking
lot for approximately 7,000 cars. There will be an impact upon our city as
well since it is proposed that under the Ontario alternative, the right -of -way
along I -15 on the east side will be utilized to come down through our area to
that terminus. A draft has been included in the agenda packet which would be
signed by Supervisor Townsend and John Longville as President of the San
Bernardino Associated Governments in response to Las Vegas Mayor's letter in
respect to seeking our support. Mayor Mikels felt we should go on record now
if we have any concerns or comments.
• Discussion followed by Council.
Mayor Mikels opened the meeting for public input. Addressing Council were:
*Art Bridge stated he felt very strongly that it was very serious to
use this type of funding whether it was public or private to develop
a transportation system to benefit an undesirable industry. fie felt
there were other transportation problems where these funds could be
used. He would like to see Council go officially on record opposing
the whole project.
*Jeff Sceranka spoke as an individual resident of the community. He
was totally opposed to this project. Las Vegas doesn't pay state
income tax, and this would benefit them. He opposed taking funds
away from this area to help Nevada in this.
Motion: Moved by Dahl, seconded by Schlosser to go on record that the Rancho
Cucamonga City Council is in opposition to the Las Vegas Maglev System.
Mr. Frost read sections of John Longville's letter in their agenda packet.
Specific questions and clarification of items in the Environmental Impact
Report have been addressed; he felt Council should hold off such a firm
position until we receive a response to these issues.
After further discussion, Council voted as follows to go on record in
opposition to the Megalev System.
AYES: Dahl, Buquet, Schlosser, Mikels
NOES: None
\1�
0
ABSENT: None
ABSTAINED: Frost
B. DISCUSSION NEGANDING MEDIAN ISLANDS FOR THE CITY. Item requested by
Councilman Dahl.
After considerable discussion by Council, Mr. Lam suggested that since the
City already has many policies regarding median islands that the staff should
compile all of these and come back to the next Council meeting for further
consideration of the item. Council concurred.
C. DISCUSSION NEGANDING STREET RAR AS IT CONCERNS THE INDUSTRIAL SPECIFIC
PLAN. Street located parallel to Raven Avenue on east side between 4th and
6th Streets between Utica and Haven. Item requested by Councilman Dahl.
Mr. Dahl stated he was looking for a recommendation from the Planning
Commission on this item.
Council concurred in making this an information referral to the Planning
Commission to provide information to the City Council.
RRRRR
Mayor Mikels called a recess at 11:15 p.m. The meeting reconvened at 11:23 •
p.m. with all members of the Council present.
RRRRR
Mr. Buquet stated there was a couple in the audience who wanted to address
Council. He felt Council should hear them now since the next item might take
considerable time. Council concurred.
Charles and Maxie Dunkel addressed the Council. They announced they were
organizing a new Moose Lodge in Rancho Cucamonga. They invited the Councilmen
to join and to encourage others to consider joining their group. They
detailed the type of organization they were and the projects they supported.
Mayor Mikels welcomed them to the City.
D. CONSIDERATION OF APPOINTMENTS TO THE PLANNING COMMISSION.
Mayor Mikels opened the meeting for Council consideration to fill the vacancy
on the Planning Commission. He stated that according to the Ordinance, the
Mayor nominates and the Council ratifies. They had received three new
applications, plus some twenty or so letters went out to former applicants on
file to see if they were interested. After reviewing the applications and
speaking with individual members of the Council, he wished to present the name
of Addle Juarez for consideration. He opened the meeting for nominations by
other members of the Council.
Mr. Buquet felt he would like to continue this since he did not have adequate is
time to talk with the candidates which he did not know.
Motion: Moved by Frost, seconded by Dahl to Council to request an unanimous
• vote for the nomination of Addie Juarez by the Mayor.
Mayor Mikels opened the meeting for other nominations. Mr. Buquet nominated
Bob Dutton. There being no further nominations, Mayor Mikels closed the
nominations.
Mr. Frost asked the mayor how he was going to deal with the motion on the
floor. Mayor Mikels stated he would entertain the motion after the counting
the ballots. Mr. Dahl stated he would withdraw his second until after the
ballots were counted.
City Clerk Wasserman handed out ballots, and then collected the voted
ballot. Beth City Clerk and the Mayor counted the ballots. Mr. Wasserman
showed the voted ballots to the Council.
Mayor Mikels stated that there previously was a motion on the floor which the
second had been withdrawn. He asked if there was any objection for that
motion being put back on the floor by the mover so the selection would be an
unanimously selection by the Council.
Motion: Moved by Frost, seconded by Dahl to uanimously approve the nomination
of Addie Juarez for the unexpired term on the Planning Commission. The motion
passed by the following vote:
. AYES: Dahl, Schlosser, Frost, Mikels
NOES: Buquet
ABSENT: None
Mayor Mikels stated that the vote reflected the way the ballots were cast.
8. ADJOURNMENT
Motion: Moved by Dahl, seconded by Schlosser to adjourn to an Executive
Session, not to reconvene. Motion carried unanimously 5 -0. The meeting
adjourned at 11:45 p.m.
Respectfully submitted,
Beverly Authelet
Deputy City Clerk
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April 6, 1983
CITY OF RANCHO CUCAMONGA
CITY COUNCIL MINUTES
Reo:ular Meeting
A regular meeting of the City Council met on Wednesday, April 61 1983 in the
Lions Park Community Center, 9161 Base Line Road, Rancho Cucamonga. The
meeting was called to order at 7:32 p.m. by Mayor Jon D. Mikels.
Present were Council members: Richard M. Dahl, Charles J. Buquet, Phillip D.
Schlosser, James C. Frost, and Mayor Jon D. Mikels.
Also present were: City Manager, Lauren M. Wasserman; Assistant City
Attorney, Ted Hopson; Community Development Director, Jack Lam; City Planner,
Rick Gomez, City Engineer, Lloyd Hubbs; and Finance Director, Harry Empey.
Approval of Minutes of February 16, 1983 and March 14, 1983. Inadvertently
the February 16 minutes had not been included the Agenda Packet. Motion:
Moved by Frost, seconded by Schlosser to approve the minutes of March 14,
1983. Motion carried 4 -0 -0 -1 (Dahl abstaining since he was not present at the
meeting).
2. ANNOUNCEMENTS
a. Thursday, April 7, 7:00 p.m. - HISTORIC PRESERVATION COMMISSION - Lions
Park Community Center.
b. Monday, April 11, 7:00 p.m. - SPECIAL COUNCIL MEETING FOR ETIWANDA
SPECIFIC PLAN HEARING - Lions Park Community Center.
c. Mr. Dahl announced the Foothills Community Plan meeting on April 12 at
7:00 p.m. in the Library Conference Room.
d. Mayor Mikels announced the transportation improvement plan for the County
was approved by SANBAG. Included in this Plan were the interchange
improvements at I -15 and Foothill Boulevard, and right -of -way protection
funding for Route 30 for the next two years and recommendation for active
acquisition to commence in 1986, funding for the Route 30 and I -15
interchange, as well as construction of Phase I of Route 30 to begin in the
1987 -88 year. Other topics discussed were the harardous waste citing, the Las
Vegas Meg -Lev Train, and West Valley Transportation Study.
e. Mr. Wasserman requested item 6F be added to the Agenda, Consideration of
Harness Racing at the Los Angeles County Fairgrounds. Also requested that the
meeting adjourn to an Executive Session following the meeting.
3. CONSENT CALENDAR
a. Approval of Warrants, Register No. 83-03 -31 and Payroll ending 83 -03 -20 in
the amount of $116,324.02 and Warrants Register No. 83 -04-06 in the amount
of $259,984.71. 0
b. Approval of Warrants, Assessment District 82 -1 for February 1983 in the
amount of $1,136,421.95.
c. Request authorization for Community Services Director to attend the League
of Cities Community Services Conference, Fresno and the National
Recreation G Park Association Revenue Management Institute in San Diego.
Requested expenditures are from within the Community Services Department,
budget.
d. Release of Peal Property Improvement Contract and Lien Agreement requested
by Thomas and Barbara Trombatore for completion of improvements at 6881
Amethyst Avenue.
RESOLUTION NO. 83 -38
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, RELEASING A REAL PROPERTY
IMPROVEMENT CONTRACT AND LIEN AGREEMENT FROM THOMAS AND
BARBARA TROMBATORE.
e. Acceptance of Improvement Agreement and Security for 6123 Amethyst Avenue
submitted by Harley and Leah Levitt.
RESOLUTION NO. 83 -39 .
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT
AND IMPROVEMENT SECURITY FOR 6123 AMETHYST AVENUE.
f. Acceptance of Street Improvement Agreement and Security for CUP 82 -01
submitted by Etiwanda Investment Company (Pic -N- Save).
RESOLUTION NO. 83 -40
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING THE STREET IMPROVEMENT
AGREEMENT AND SECURITY FOR CUP 82 -01.
g. Approval of Subordination Agreement for 6557 Mulberry Avenue submitted by
Mr. and Mrs. McInturf.
RESOLUTION NO. 83 -41
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAV07GA, CALIFORNIA, APPROVING A SUBORDINATION
AGREEMENT FROM MR. AND MRS. MCINTURF AND AUTHORIZING THE
MAYOR AND CITY CLERK TO SIGN SAME,
h. Set Public Hearing - April 20, 1983 - Environmental Assessment and Planned •
Development n; -02 (Tentative Tract 12362) - Rancho Center. A change of
zone from R -3 (Multiple Family Residential) to R -3/PD (Multiple Family
Residential /Planned Development) and the development of 88 units arranged
0
AP! ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA,
AMENDING SECTION 61.0217 OF THE RANCHO CUCAMONGA INTERIM
ZONING ORDINANCE CREATING A SENIOR HOUSING OVERLAY
DISTRICT. '
Motion: Moved by Buquet, seconded by Schlosser to waive entire reading of
Ordinance No. 193• Motion carried unanimously 5 -0.
Mr. Dahl stated he had concerns with Ordinance No. 193, Section 6a, "Reduction
in Required On -site Parking." He felt the reduction in the required on -site
parking to a minimum ratio of .5 non - covered parking spaces per unit was too
low. He favored setting this at .7.
After considerable discussion, Council concurred with the recommended change.
Motion: Moved by Dahl, seconded by Schlosser to change Section 6a in
Ordinance No. 193 to require a ratio of .7 non - covered parking spaces per
unit. Motion carried unanimously 5 -0.
Mayor Mikels set April 20 for second reading.
City Clerk Wasserman read the title of Resolution No. 83-113
• RESOLUTION NO. 83 -43
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ADOPTING SENIOR HOUSING OVERLAY
DISTRICT ADMINISTRATIVE GUIDELINES.
Motion: Moved by Dahl, seconded by Schlosser to approve Resolution No. 83 -43
and to waive full reading. Motion carried unanimously 5 -0.
B. ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT 83 -03 - CALMARR. A
request to amend the General Plan Land Use Plan from medium -high residential
(14 -24 dwelling units /acre) to high residential (24 -30 dwelling units /acre)
for the development of 161 affordable senior citizen apartments on
approximately 4.55 acres of land located west of Archibald, and north of Base
Line - APN 202 - 151 -34. (Related file: PD 83 -01). Item continued from the
March 2, 1983 meeting. Staff report by Rick Gomez, City Planner.
Mr. Buquet suggested that the parking area be relocated in order to increase
the buffering between the two types of units.
Larry Pearsons of Calmark stated that this would be possible. In fact
they had already considered doing this and relocating the parking areas
along the northern perimeter.
Is Mayor Mikels opened the meeting for public hearing. Addressing Council were:
Frank Guayante, VIP Club member, expressed concerns regarding the mixing
of the two types of housing, and also the issue of the heavy
landscaping. He felt this would be conducive to hiding burgulars.
as four- plexes on 6.4 acres located south of Base Line, on the west side •
of Hellman APN 208- 011 -02, 04, 71. .
i. Foothill Boulevard and Hellman Avenue Cooperative Agreement with
CalTrans. Recommend approval of agreement with CalTrans for cooperative
funding of intersection widening at Foothill and Hellman. CalTrans
contribution $25,000. Also cover City share of $15,000 for guardrails at
Turner and Foothill.
j. Staff request for payment of claim from Gordon and Edena Myers.
k. Acceptance of Agreement, Security, and Final Map for Tract 11734 submitted
by American National Group located at the northwest corner of Arrow Route
and Vineyard Avenue.
RESOLUTION NO. 83 -42
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT,
IMPROVEMENT SECURITY AND FINAL MAP OF TRACT NO. 11734.
Motion: Moved by Schlosser, seconded by Dahl to approve the Consent
Calendar. Motion carried unanimously 5 -0.
4. PUBLIC HEARINGS
A. ENVIRONMENTAL ASSESSMENT AND ZONING ORDINANCE AMENDMENT 83 -02 -
Ordinance to include an overlay district containing various development
incentives to produce senior citizen oriented multi - family housing, as well as
site development and general overlay district location criteria. For
consideration and Council consideration, continued from the March 2nd
meeting. Staff report by Pick Gomez, City Planner.
Mayor Mikels opened the meeting for public hearing. Addressing Council were:
Wilma Brenner, member of the VIP Club and senior citizen of Rancho
Cucamonga. She urged Council to out through the red tape in order to get
these available for seniors as soon as possible.
Larry Pearsons, Calmark Corporation, felt they could live with chat is
being, presented tonight. The agreement would meet the needs of the City
as well as themselves.
Mimi Rahl, Lewis Homes, felt that several elements in the proposal were
over restrictive. She went over each item.
•
There being no further response from the public, Mayor Mikels closed the
public hearing.
City Clerk Wasserman read the title of Ordinance No. 193. •
ORDINANCE NO. 193 (first reading)
A
11
Wilman Brenner started to respond to his concerns. Mayor Mikels directed
her to speak to Mr. Guayante since she had been on a tour, had seen one of
these projects, and understood the concerns.
Sharon Romero asked where the recreational area was. She also asked if
there was an access from the apartments to the shopping center without
cutting through the senior citizens area, and is there something to keep
the kids from shortcutting through the area.
Mr. Gomez responded by pointing out the recretional area, and stated that
there was a locked gate for access to the shopping center.
Larry Pearson stated they had met with staff and the VIP group to mitigate
most of the problems.
There being no further public input, Mayor Mikels closed the public hearing.
City Clerk Wasserman read the title of Resolution No. 83 -26.
RESOLUTION NO. 83 -26
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, AMENDING THE ADOPTED LAND USE PLAN
• OF THE RANCHO CUCAMONGA GENERAL PLAN.
Mr. Schlosser recommended that Resolution No. 83 -26 be approved at the same
time as the enableing Ordinance No. 201 is considered. Council concurred.
C. ENVIRONMENTAL ASSESSMENT AND PLANNED DEVELOPMENT 83 -01 (PARCEL MAP 7827) -
CALMARK. A change of zone from R -3 (multiple - family residential /planned
development) to R -3 /SO (multiple family residential /senior overlay) and the
development of 269 apartment units, of which 161 are intended for senior
citizens, on 9.78 acres generally located west of Archibald, north of Base
Line - Parcel 2 of Parcel Map 5792 - APN 202- 151 -34. (Related file: CPA 83-
03). Item continued from the March 2, 1983 meeting. Staff report by Rick
Gomez, City Planner.
City Clerk Wasserman read the title of Ordinance No, 201.
ORDINANCE NO. 201 (first reading)
AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA,
REZONING A PORTION OF ASSESSOR'S PARCEL NUMBER 202 -151-
34, DESCRIBED AS PARCEL 1 OR PARCEL MAP 7827 AND LOCATED
WEST OF ARCHIBALD, NORTH OF BASF. LINE PROM R -3 /PD TO R-
3 150.
Motion: Moved by Buquet, seconded by Dahl to waive full reading of Ordinance
'Jo. 201. Motion carried unanimously 5 -0.
Mayor Mikels set April 20 for second reading.
Motion: Moved by Buquet to relocate the parking at the south end of the •
market rate portion of the project to the north side of the project with the,
spaces dispersed around the outer edge of the market rate portion of the
project in order for the original parking area to become an emergency access
and buffer between the market rate housing and senior citizen housing.
Larry Pearsons stated that the artist's rendering showed the emergency
access to be a grass area.
Motion by Mr. Buquet, seconded by Dahl was approved 5 -0.
Mr. Frost recommended that a second gate be put at the end of the sidewalk on
the west side of the cul -de -sac.
Mr. Buquet expressed that another gate and opening would create more problems.
Mayor Mikels recommended that we keep this as planned originally. As problems
come up in the future, then the developer can address this at that time.
RRf Rf
Mayor Mikels called a recess at 9:05 p.m. The meeting reconvened at 9:27 p.m.
with all members of Council and staff present.
# #RRR
D. VACATION OF A PORTION OF 7TH STREET. Vacation of a portion of 7th Street •
adjacent to California Finished Metals located on the southeast corner of 7th
Street and Center Avenue. Item continued from March 16, 1983.
RESOLUTION N0, 83 -34
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, SUMMARILY ORDERING THE VACATION OF
A PORTION OF 7TH STREET.
Mayor Mikels opened the meeting for public hearing. There being no response,
the public hearing was closed.
Council concurred in continuing the item to May 18, 1983.
E. ORDERING ANNEXATION NO. 12 FOR TRACT 10045 TO LANDSCAPE MAINTENANCE
DISTRICT NO. 1.
Mayor Mikels opened the meeting for public hearing. There being no response,
the public hearing was closed.
City Clerk Wasserman read the title of Resolution No. 83-44.
RESOLUTION NO. 83 -44 0
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA ORDERING THE WORK IN CONNECTION WITH ANNEXATION
kp
• NO. 12 TO LANDSCAPE MAINTENANCE DISTRICT NO. 1 FOR TRACT
NO. 10045•
Motion: Moved by Schlosser, seconded by Buquet to approve Resolution No. 83-
44 and to waive full reading. Motion carried unanimously 5 -0.
F. CGMMuNill unvnWr.. ve --- --- - -- -- - - - - --
OBJECTIVES /PROGRAM FUNDING. In order for the City to receive funding under
the CDBG Program, the Federal Department of Housing and Community Development
requires that the City publish, distribute and hold a public hearing on its
intended program. Staff report by Rick Marks, .Associate Planner.
Mayor Mikels opened the meeting for public hearing. Addressing Council were:
William D. Swaine, 6964 Shamrock Lane, representing a group called,
Concerned Citizens. He wanted to present a proposal in more detail to
answer citizens anticipation for distribution of food to senior citizens
and provide emergency shelters in addition to part time employment. He
stated the proposal would outline how these would be accomplished.
There being no further response from the public, Mayor Mikels closed the
public hearing.
• Mr. Frost expressed to Mr. Swaine that he not put a whole lot of time in their
presentation since he might be wasting time, unless the dollars come in from
the federal government more quickly.
Mr. Schlosser stated that this would be a duplicate program to one we have in
the city already. We felt we should take care of our present programs first.
City Clerk Wasserman read the title of Resolution No. 83-45.
RESOLUTION NO. 83-45
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA APPROVING A STATEMENT OF COMMUNITY OBJECTIVES
AND PROGRAM FUNDING FOR THE COMMUNITY DEVELOPMENT BLOCK
GRANT PROGRAM.
Motion: Moved by Schlosser, seconded by Dahl to approve Resolution No. 83-15
and to waive full reading. Motion carried unanimously 5 -0.
G. ENVIRONMENTAL ASSESSMENT AND ZONING ORDINANCE AMENDMENT 83 -01. An
amendment to Chapter 1, Section 1.08.160 4 1.08.170 of the City of Rancho
Cucamonga Municipal Code regarding home occupation permits. Staff Report by
Rick Gomez, City Planner.
Mayor Mikels opened the meeting for public hearing. There being no response,
the public hearing was closed.
Rick Gomez read the title of Ordinance No. 199•
ORDINANCE NO. 199 (first reading) •
AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA AMENDING
SECTIONS 1.08.160 AND 1.08.170 OF THE CITY OF RANCHO
CUCAMONGA MUNICIPAL CODE REGARDING HOME OCCUPATION
PERMITS.
Mr. Dahl stated that because the economy has been so bad and money has been so
tight that he has become interested in home occupations. He questioned item
9, "the use shall not involve storage of materials or supplies in an accessory
building or outsida any structures." in that there might be a need to have to
require some structure to store things.
Mr. Lam stated that a lot of the conditions which are attached to ordinances
relate to the ability to enforce. There is seldom a problem with home
occupations. Only in cases when a person is storing items excessively such as
lot of lumber or machines. In these cases, this would allow us the enforcing
ability.
Mr. Dahl stated he felt the ordinance was necessary, but felt licensing should
be exercised with discretion.
Motion: Moved by Schlosser, seconded by Frost to waive full reading of
Ordinance No. 199• Motion carried unanimously 5 -0.
Mayor Mikels set second reading of Ordinance No. 199 for April 20, 1983. •
5. ORDINANCES FOR CONSIDERATION
A. AN ORDINANCE ESTABLISHING A TRANSIENT OCCUPANCY TAX. An ordinance
proposing a transient occupancy tax for motels. Staff report by Harry Empey,
Finance Director.
Mayor Mikels opened the meeting for public hearing. There being none, the
public hearing was closed.
City Clerk Wasserman read the title of Ordinance No. 197,
ORDINANCE NO. 197 (second reading)
AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA,
AMENDING TITLE 3 OF THE RANCHO CUCAMONGA MUNICIPAL CODE
BY ADDING CHAPTER 3.40 THERETO TO IMPOSE A TAX UPON THE
PRIVILEGE OF TRANSIENT OCCUPANCY.
Motion: Moved by Schlosser, seconded by Dahl to waive full reading of
Ordinance No. 197. Motion carried unanimously 5 -0.
Motion: Moved by Schlosser, seconded by Buquet to approve Ordinance No. •
198. Motion carried by following vote:
AYES: Dahl, Buquet, Schlosser, Mikels
L964
• NOES: Frost
ABSENT: None
B. AN ORDINANCE ESTABLISHING AN ADMISSIONS TAJI. An ordinance proposing an
admissions tax for theaters and similar recreational activities. Staff report
by Harry Empey, Finance Director.
Mr. Wasserman announced that the Chamber of Commerce Legislative Committee had
reviewed this ordinance this past week. It was approved 15 -1.
Mayor Mikels opened the meeting for public hearing. There being no response,
the public hearing was closed.
City Clerk Wasserman read the title of Ordinance No. 198.
ORDINANCE NO. 198 (second reading)
AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA,
AMENDING TITLE 3 OF THE RANCHO CUCAMONGA MUNICIPAL CODE
BY ADDING CHAPTER 3.36 THERETO TO IMPOSE AN ADMISSIONS
TAX.
• Motion: Moved by Schlosser, seconded by Dahl to waive full reading of
Ordinance No. 198. Motion carried unanimously 5 -0.
Motion: Moved by Schlosser, seconded by Buquet to approve Ordinance No.
198. Motion carried by the following vote:
AYES: Buquet, Dahl Schlosser, Mikels
NOES: Frost
ABSENT: None
C. AN ORDINANCE AMENDING SECTIONS 4 AND 7 OF ORDINANCE N0. 87 CREATING AN
ADVISORY COt41ISSION. Proposed amendments to the ordinance will create a
Chairman from the membership of the Advisory Commission to serve one year at
the Commission's pleasure, and fix terms of new members of the Advisory
Commission at two years. Staff report by Jim Robinson, Assistant City
Manager.
Mayor Mikels opened the meeting for public hearing. There being no response,
the public hearing was closed.
City Clerk Wasserman read the title of Ordinance No. 87 -A,
ORDINANCE NO. 87 -A (second reading)
AN ORDINANCE OF THE CITY OF RANCHO CUCMAONGA, CALIFORNIA,
AMENDING SECTIONS 2.28.040 AND 7..28.070 OF THE RANCHO
CUCAMO.'JGA MUNICIPAL CODE RELATIVE TO TERMS OF APPOINTMENT
OF ADVISORY COMMISSION MEMBERS AND OFFICERS.
Motion: Moved by Schlosser, seconded by Frost to waive full reading of
Ordinance No. 87 -A. Motion carried unanimously 5 -0. •
Motion: Moved by Schlosser, seconded by Dahl to approve Ordinance No. 87 -A.
Motion carried by the following vote:
AYES: Dahl, Buquet, Schlosser, Frost, Mikels
NOES: None
ABSENT: None
6. CITY MANAGER'S STAFF REPORTS
A. REQUEST FOR CONSIDERATION OF WAIVER OF OFF -SITE IMPROVEMENTS. A request
has been submitted to the City Council to consider the waiver of off -site
improvements located on Sierra Vista Drive. Staff report by Lloyd Rubbs, City
Engineer.
Mayor Mikels opened the meeting for comments from the applicant.
Steven Sensenback presented his request to the Council.
Discussion followed by Council regarding former prescedence.
Motion: Moved by Dahl to deny the appeal and uphold the conditions of
Ordinance No. 58 and to condition a lien agreement in connection with the •
development of the tract 9563. For lack of a second, the motion failed.
Mr. Buquet stated he felt the applicant should not have to take up the
improvements for half the street.
Motion: Moved by Dahl, seconded by Frost to deny the appeal, uphold Ordinance
No. 58, with conditions of a lien may be called in when a tract develops or
the city develops the street. Motion carried by the following vote:
AYES: Dahl, Schlosser, Frost, Mikels
NOES: Buquet
ABSENT: None
M*RR .*♦
Mayor Mikels called a recess at 11:00 p.m. The meeting reconvened at 11:13
p.m. with all members of Council and staff present.
•1111Y
B. REQUEST FOR RECONSIDERATION OF GENERAL PLAN AMENDMENT 83 -01A. A request
has been submitted by Raveewan Kanokvechayant, M.D. to appeal a Planning
Commission decision relating to General Plan Amendment 83 -01A. Staff report
by Rick Comes.
Dr. "K" was present to request Council to continue this to May 4, 1983 •
although she had sent in a written request prior to the meeting.
Motion: Moved by Dahl, seconded by Schlosser to continue. item to May 4,
1983. Motion carried unanimously 5 -0.
�D
0
C. ALTA LOMA PARR RESTORATION STATUS REPORT. Presentation of bids for
seeding and improvement of Alta Loma Park and review of project budget. Staff
report by Lloyd Hubbs.
Motion: Moved by Schlosser, seconded by Dahl to approve staff's
recommendation to award contacts to Sunrise Landscape for $21,000 and J. H.
Concrete for $11,676.25, low bidders, and to appropriate a total of $76,000
from the Park Development fund to complete the Alta Loma Park Renovation
Project.
Mayor Mikels opened the meeting for public comment. There being none, the
public portion of the meeting was closed.
Motion carried unanimously 5 -0.
D. DISASTER REPAIR ALT'ERAAXIV� . W-•••• ^• • -- --
AVENUES. Review of consultant's preliminary report on restoration and
improvement of Hellman Avenue between San Bernardino Road and Palo Alto Street
and Hermosa Avenue, south of 19th Street. Staff report and slides were
presented by Lloyd Hubbs, City Engineer.
• Mayor Mikels opened the meeting for public input. There being no response,
the public portion of the meeting was closed.
Motion: Moved by Buquet, seconded by Dahl to approve the full development
program for Hellman Avenue. The program would combine reconstruction of
Hellman with the Foothill and Hellman intersection project and construct Phase
1 of the Beryl - Hellman Storm Drain through a loan of the Systems Development
funds to the Drainage Fee fund. Estimated project budget is $1,100,000.
Motion carried unanimously 5 -0.
E. DEVELOPMENT OF A CITY FINANCIAL PLAN. Council discussion of the need for
a city financial plan with direction to staff as to the type of plan
desired. Staff report by Jack Lam.
Mayor Mikels opened the meeting for public comment. Addressing Council were:
Garry Drown, Executive Director of BIA, posed the following questions:
Once the Plan was in place, needed to know (1) how it will be financed,
(2) who will finance it, (3) what financial mechanisms exist. To talk
about nees now is shortsighted because there is no long -term financial
plan in place. Money had been spent a number of years ages and a Plan put
together. However, the previous plan never really was completed and
implemented. They were not asking to reinvent the wheel, but to complete
and use the work done previously.
Joe DiIorio felt it would be inconceivable not to complete a Financial
Plan. He felt the following should be done: (1) get the Financial Task
Force up and going, (2) get the update on the computer model up and going,
(3) try to get some free services from financial ties, (4) then hire
attorney's, etc. to put the package together, (5) representatives from the •
private sector, the BIA, and Chamber should be included.
Mr. Dahl suggested that a Subcommittee of the Council be formed to study the
five issues presented, and to come back to council with alternatives. The
five issues are:
a. what kind of financial plan does the Council find appropriate (short
term or long- term)?
b. What scope of work should the plan include (local, regions, major
task, etc.)?
C. Should the financial forecasting model be converted to micro computer
to allow local updating and accessibility?
d. Extent of involvement of plan development and review?
C. How to pay for the study and level of participation to all interested
parties?
He felt the Mayor should be involved with this.
Motion: Moved by Dahl, seconded by Schlosser to form a Subcommittee of Frost
and Mikels to work on this with those who have been working informally on this •
and to report back to Council. Motion carried unanimously 5 -0.
61. ADDED ITEM: CONSIDERATION OF SUPPORTING CITY OF POMONA'S REQUEST FOR
HARNESS RACING AT THE L03 ANGELES COUNTY FAIRGROUNDS.
Mayor Mikels opened the meeting for public comment. There being none, the
public portion of the meeting was closed.
Discussion followed by Council.
Motion: Moved by Frost that the City take "no position" on the basis of
inadequate information. Motion died for lack of a second.
Motion: Moved by Buquet, seconded by Dahl to support the request by the City
of Pomona. Motion carried by the following vote:
AYES: Dahl, Buquet, Schlosser, Mikels
NOES: None
ABSENT: None
ABSTAINED: Frost
7. CITY ATTORNEY'S REPORTS
A. EMERGENCY ORDINANCE TO IMPOSE A MORATORIUM ON THE ESTABLISHMENT OF ADULT
BUSINESSES. Report presented by Ted Hopson, Assistant City Attorney. •
Mr. Hopson presented a recommendation from the City Attorney's Office to adopt
a moratorium on adult businesses as an urgency measure for a period of 45
\I)-
• days. In the latter part of 1982, there were a number of appellate and
supreme court decisions which came down. There is a possibility that those
court decisions may effect the ordinance which Rancho Cucamonga has adopted in
the past. Because of their desire that the city not attempt to enforce
unconstitutional ordinances, _. or that the ordinances that the City has not be
declared to be unconstitutional as enforced, the recommendation from the City
Attorney's Office that Council adopt the moratorium that has been suggested
with the findings that will allow Council on a 4/5's vote to adopt the
ordinance as an emergency measure which would be effective immediately and for
a period of 45 days. This is not in response to any particular problem or
use, but is a way for us to be sure that what we do is consistent with the
latest appellate cases. The moratorium would effect any type of use permit
for an adult business as defined and would bar or prohibit any permit to be
issued by the City during the moratorium period in any zone in the City.
Mayor Mikels asked for a definition of "adult business." Mr. Hobson read
Section 17.20.020 in the Municipal Code which defines "adult business" as any
adult bookstore, adult mini - motion picture theater, adult motion picture
theater, adult caberet, message establishment, or sexual novelty store.
Mayor Mikels opened the meeting for public comment. There being none, the
public portion of the meeting was closed.
Motion: Moved by Schlosser, seconded by Buquet to adopt Ordinance No. 200 as
• an urgency measure.
City Clerk Wasserman read Ordinance No. 200 in its entirety.
ORDINANCE NO. 200
AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA,
ADOPTED PURSUANT TO GOVERNMENT CODE SECTION 65858 TO
IMPOSE A MORATORIUM ON THE ESTABLISHMENT OF ADULT
BUSINESSES, AND DECLARING THE URGENCY THEREOF.
Motion carried by the following vote:
AYES: Dahl, Buquet, Schlosser, Frost, Mikels
NOES: None
ABSENT: None
8. _COUNCIL BUSINESS
A. CONSIDERATION OF SETTING A SPECIAL ADJOURNED COUNCIL MEETING TO DISCUSS
Council set up the following meetings:
.� Tuesday, April 19, 1983 at 7:00 p.m., for Route 30 meeting.
Monday, April 25, 7:00 n.m., Lions Park Community Center, to consider the
Mello -Roos Community Facilities Act.
I\
Monday, May 2, 1983, 7:00 p.m., Lions Park Community Center, to consider •
Community Goals.
B. CONTINUATION OF DISCUSSION REGARDING MEDIAN ISLANDS FOR THE CITY. Item
was originally requested by Councilman Dahl at the March 16 city council
meeting. Council requested that staff compile all city policies relating to
median islands and bring back to council for further discussion.
Councilman Dahl requested that the item be continued because of the lateness
of the hour.
Motion: Moved by Dahl, seconded by Buquet to continue item to the next
meeting. Motion carried unanimously 5 -0.
C. STATUS REPORT ON FLOOD CONTROL WASURE N.
Lloyd Hubbs, City Engineer presented item. He stated they are looking forward
to placing this item on the November ballot.
Mr. Buquet stated that two members from each City will be working on this.
This time if there were cities who were not interested in this, they would be
excluded. The next meeting will be April 21 at 9:00 a.m. at the Ontario •
Chamber of Commerce office.
Mayor Mikels stated that both the parks issue and this one should not be on
the same election. Some discussion followed regarding this.
Motion: Moved by Buquet, seconded by Schlosser to support the effort for
placing a Measure on the November ballot. Motion carried unanimously 5 -0.
9. ADJOURNMENT
Motion: Moved by Buquet, seconded by Dahl to adjourn to an Executive Session,
not to reconvene this evening, but to reconvene on Monday, April 11, 1983 at
7:00 p.m. in the Lions Park Community Center for the Etiwanda Specific Plan
Public Hearing. Motion carried unanimously 5 -0. Meeting adjourned at 12:35
a.m.
Respectfully submitted,
Beverly Authelet
Deputy City Clerk
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ICIC+ ) °T ^I TaC YI? CG:.P
I o1L) ]ICJ. . I ,, Et;. Jfn 9
eina 1115 ill,," ". frw<
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1 ;95 PaLa E,I�ILLIN
I I l 1111
11 ]5 P•.3p YA wt Km SE
)VIA Pwlh Tili: SERV /PEC NCNT
En]0 Yh,cFJ y1Y CN9 ISTI ➢N $C
PC)T iallt5 TIDE VEP11➢
Pit NEIIEP EV EI f,PNFN Ti 1 P
W' 4t Y1CL C5. Aa'.ICff
EIS- 0111 Ca•FrI CEATtN
E151 RIV' +SICF C "1, STNUC.EICN
el5i NIYEIStCF FFI.CE CC
F IEC 9: eeINS PLLIeV C
E220 RICNICLEZ OE4+.Na
F445 S.1 PCnC CC SUNVEYCR
ES C S,M PI E , C JUCr]ePY BPCCN
°eS SEVFI LAY a.ILI P.o TS
1`19 rNI. dt a
4Lla VENcCN SC. 3t I0
VL 10 U CSLI Sr. 8610
E➢EC SC CAI IF ECISC0. CO.
Se LS SO C LIF GAS CC
it's 5 >aOwCL, S ➢N
Ft eS SPANAI EffS
E6.0 SFSIIL.t EFS CC /P
E 1.1 5 I I IVAN PF, 4CF0PT
E112 5'I `,7 CF "C"INT$
e'E5 TaRnFP$ Inc
ESN aITCC ECUIPYEXT CC
i a lL
3 1Y14 ti1 545]15 w rx f�Na 1
1'I4 f�CM fA1Tt�V CC
1.14? 55]5 wll Ll➢a A f:' C
1°1.44 5415 •EE IfUl Cl, k SE SCPV LICE
N141 g779 L4 - KAY
1 ?I 41 V, ID FINAL TOTALS
r
s
waRaAnl NECC Ne IL 16ilCh
VAT f.1I,�F 1a`
CAT P F(P ENCE
!1 I \
I TNAL TCTµS
59.30
1)0.31
207, yC
74..5
91.11
321.61
M12.50
6.3LS.c.0
5.16
151,241.36
B2A.C-
t0.16
1�B.B0
02. C9
124.11
35.113
Ir949.figq2
1, 60P.TE
126.00
41.50
158.1'
l.lTO.G@
u.
1,362.12
2)2.55
90.43
111.99
401.
Caa.Ge
L
2I212.A2 A2 :Z
.41
31.4e
39,00
39.00
262,915.50
i'
5/14/83
Pnf.( 2 i
DISCOUNT NET
594.06
i
84.15
25C..0
124. 5G
55.11
09.x4
5t a
59.30
1)0.31
207, yC
74..5
91.11
321.61
M12.50
6.3LS.c.0
5.16
151,241.36
B2A.C-
t0.16
1�B.B0
02. C9
124.11
35.113
Ir949.figq2
1, 60P.TE
126.00
41.50
158.1'
l.lTO.G@
u.
1,362.12
2)2.55
90.43
111.99
401.
Caa.Ge
L
2I212.A2 A2 :Z
.41
31.4e
39,00
39.00
262,915.50
' OF
RANCHO CUCAMONGA
•
WARRANT
REGISTER
I
ASSESSMENT DISTRICT 82 -1
DATE
WARRANT .Y
VENDOR
ACTIVITY
ACCOUNT N
AMOUNT
3/04/83
221
STATIONER'S CORP.
Capital Equip.
49-23-44
$ 238.03
3/04/83
222
GEMCO
Office Supplies
49 -23 -24
638.22
3/09183
223
CITY of RANCHO CUCAMONGA
Transfer
49 -23 -99
791,000.00
3/11/83
224
HATCH BEDROSIAN
Contract Services
49 -23 -28
7,180.00
3/11/83
225
RICHARD MILLS ASSOC.
Contract Services
49 -23-28
2,453.75
3/11183
226
BONADEMAN McCAIN
Contract Services
49 -23 -28
308,917.75
3/11/83
227
ASSOCIATED ENGR.
Contract Services
49 -23-28
17,145.14
3/11!83
228
GENERAL TELEPHONE
Utilities
49 -23-21
34.16
3/11163
229
AL'S WELDING SERVICE
Materials /Supplies
49 -23-38
203.00
3/11/83
230
BEST PRODUCTS
Office Supplies
49- 23-24'
99.97
3111!83
231
LOCKWOOD ENGR.
Contract Services
49 -23 -28
1,008.00
3/11/83
232
PACIFIC SCIENTIFIC
Capital, Equip.
49 -23-44
1,086.34
3/21/83
233
HATCH BEDROSIAN
Contract Services
49-23 -28
1,280.00
3/21/83
234
WILLDAN ASSOC.
Contract Services
49 -23 -28
4,088.00
3/21/83
235
STATIONER'S CORP.
Office Supplies
49 -23 -24
151.64
3121183
236
RICHARD MILLS ASSOCIATES
Contract Services
49 -23-28
886.00
3/21/83
237
ASSOCIATED ENGINEERS
Contract Services
49-23-28
8,517.71
3/29/83
238
CENTRAL CITIES SIGNS
Materials /Supplies
49 -23 -38
450.50
3/39/83
239
3-M CO.
Materials /Supplies
49 -23 -38
248.68
TOTALS
S 539,726.89
...:IITV OF RP
DATE
3/04/83
3/11/83
3/21/83
3/21/83
•
CUCAY_ GA
WARRANT p
VENDOR
501
ASSOCIATED ENGINEERS
502
DON BROWN E ASSOC.
503
PRIDE COLOR PRESS
504
ASSOCIATED ENGINEERS
WARRANT REGISTER
ASSESSMENT DISTRICT 82 -2
ACTIVITY
ACCOUNT g
AMOUNT
Contract Services
49-24-28
$ 46,200.00
Contract Services
49-24 -28
2,430.00
Printing /Publications
49 -24 -23
5.09
Contract Services
49 -24 -28
61500.00
TOTALS
$ 55.135.09
•
4
COPY.— ..N— NO . A...IM• ._....n_....
APPLICATION FOR ALCOMLEC REVERAGE LECERII(51
Te: 0.potlm•m el AIT.W. LN Nnq Control
III bwd -,
Swrawwo, CONE. 93tlt D.FC
.....m«•.......O..e.
Th. vnd«lpmd Mrebl apphy for
Ikmm d«mbN n. la4on:
1 I. "PE(S) OF LICENSE(S)
FILE NO.
OTT f .L: G7:Lr=
AWN nM•r S«. 1444 p
E4«Rw Owl•: :::^Ce
Yik,PI NO.
lG1(j5,3 Z. l zn(
GEOGRAPHICAL
CODE ui r-C7
E,u
ImN
t. NAME(S) OF APPLICANT(S)
temp Permit
ER«hre own:
], YYPEW OF TRANSACTION(5)
FEE
LTC.
ttN
Stock Tsf. 24071.1
/24.00
21
RENECAL
419 50
t0 m• e1 eOa�v «S,rkec
5 Lan6en of 6.1— O_N—A., and SnN
0770 4,>01Ln0 Mv -
.
Ra ?'x ISM Up. Seeded Ol]Dl 1'itlltw." .,z::i-n
TOTAL
LiY lrN
d. If Pmmlu. licensed, 21- 112804 T. A,. /remiul Indd•
SAen Type of L,—e r O" 'NON,
ON, YOf
t Moiling Addrn }II d;Aerenr E•om &L.ob. r M SINW - n•-r L' 1
dLl`• tiu
9. •Nw• you ewer bun cawiw•tl of o 4"? 10 No•. 2w ..« riokrN IN, of Me prodpen. of the Alooholk
k.«ope C-NNol MI w 1epo6e of Me Oeponmew pe•-
E.O laming 10 the All? rD
11. Nplon O "YES" Omww N 1Nm.9 w 10 an On onwhmew which Aril be d.emed pow A thn Opplimhan.
12. AppLmnl agree lot IN., ONE maiwp« empleyN :n o N.W. li«nwd pemhe. will No- all rh. pvoFfcaTmw of o Rvn, «d
Ib! IM1aI h< will rot .iolan w w permit m pe Metaled any of the pow of the AlwM1ali< Merepe Comrol Ap.
_ mulr eiem '
Il. STATE OF CALIFORNIA County M ....... .....Wb.__'___! I1lr3
...•.r M w h w
.. .. w w..n.w, i. •w w nwm wn........ r _+•.....• ..r w +Mr..: « •. Nu -wun .w.
LL APPLICANT „STATER DR ^G, fficT.RyTS
SIGN HERE ______________ _._...._____...___._.__.- ___..-------- .___ ------ ..... .------------------------
.___..
L'Y: ,
...........___._...._._..._. _.------- ._. ------ _---------
..
APPLICATION RT TRANSFEROR-------mk--------------
�_
IS. STATE Of CALIFORNIA Cou.ty w._:;,:c- ^..:RC;r.7:;:a__ - - -. ----- . - -. -.-
• wne.n .w.rNrrr a r.•h.wr ..,1�—
n.r ~
•.. w.. .. row... NA
w., lww1O."cldro A+cNamb.• end srn•I Bsm:rn �Ii ":d,i�o cam) 91701 :zrop:.°7autllLno
Do NO' W N1, 0rlmn TAB Lin, For DrFMmnrnl U. Only
AII«Md. ry Rrcad•d molk•,
C ndeeie,r Pap•m. 4/21/0
13 -------------------------------------- ____COPIES MARTO. _ --- --------------- ..
.uu
(] bnoel F. el...... ..Fad w... ............... .......... OA .. «r......... .. A•ulpl NO.... ._...
IN
I
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j
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w., lww1O."cldro A+cNamb.• end srn•I Bsm:rn �Ii ":d,i�o cam) 91701 :zrop:.°7autllLno
Do NO' W N1, 0rlmn TAB Lin, For DrFMmnrnl U. Only
AII«Md. ry Rrcad•d molk•,
C ndeeie,r Pap•m. 4/21/0
13 -------------------------------------- ____COPIES MARTO. _ --- --------------- ..
.uu
(] bnoel F. el...... ..Fad w... ............... .......... OA .. «r......... .. A•ulpl NO.... ._...
IN
I
J
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i•
APPLICATION FOR ASCONOIIC AEVERA01 LICENdfltl
Ye: N, .l of Ak.W. Mrnep. Canted
IPoI Mood -%'
Sxrwade, CaN. pSyU :I B 7R:1'i. ^I:I',
...... » -'
n I oppll
Imnm er.cnA.d yr ldb..:
1. fYIEl51 Or DCENSE(S)
{Ilf NQ ., n....' :•
OFF :LGo CSOECV.
AWT.od uMn S.cE]cDUMD 0
EEeaKa Dorn
RECEIILt!
1286 128639
'Jp
--l—c-
CODE 3615 -07
Dew
I•w.d
1. NAAR(S) OF AFIIICANT(S)
temp' Lr�l
'
Mmb. Pou:
STATER BROS. MITI= f7S
a
TYPE(S) NtS)
FEE
M.
RE
1.1)
S I24.M
Zj
.1
124.00
21
MRENEWAL419.50
419.509750
__
tDa Vupc Cm. :�s 91701 ian ik 1. -rdio
TOTAL
sEi*IAX
v. n .. you en. can radarw of a Nlo %I
�o
11, E.plain n'Yfs' on.ner w Il.mr R., lo....
ID, Na.r Fv e.er rIaNM any
R.rera. Gamed M er n
unirp le IFe AM
M;1 d.— deemed po,I of IN, aPo
Pw-
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111n la rTp %N 111 M wN I—.. p!m 1-. all Ih.'traIRapen. el o Fe.m.., alle --
(b) IF., h. +dl Iw I r., N W I,W eny l IF. ..I IF. Alol. &,". ewml M.
13. STATE OF CALIFORNIA Ceonll el . -- - -- ,7!_.B,.�1n, {11yp .. _. DuF. _
14. APPOCANT• •• STAM BAOS. MABAPTS
516N "Ill ...Y
APPLICATION BY TRANSFEROR
Is. srgf Of CALIFORNIA C—Iv
•M..n...1. _IM.�» � Mw4... .,'.X.nT .. ». ».W.rTyw
Id N ... (I)of l4e e.Ll »y •» IL,•A. •.eld el lke».eNJ ' • ~� 1R ~ uN.mh..fa
SSATLB BROS. NARY.3T0
BY: ii i ,✓i
21 It 867
' L. N. VAHLE. Controller
N— ....ne W.al Clry and bp Code [eenry
+r C'Tf• n. I•.11 I]rl Mm Nm
Op .Vpr Wdtr Brlpin 7Au Liw; Fnr DrpnOmml E'a Only '
Amchrd. �Mm.ded non.r.
p Fd.beq -open' _ __ ___ ......... ___ ___ _ COMIS NAIUD __ _(__27/-__8.3_____ ...........
❑ bnrwel Fa .1 ..... m ................... .......... 01Ra m_...._......._ .b <!q w...._....__._..__......,
\J
4h
•
I
I
I
i
12
APPLICATION FOR ALCOMM WIRAOI LICINSIIS)
To: Np 11 nl 0 AltoAdk Iexmq CmM1d
1901 bwd.ry SAN DETT1,RMI110
Smrnnmle, Ca41.9S41R
TM und.nigned had,.""., F. .,....... <x..n.�
Sm., dav,b a. I.H.-
I, TYPES) OF LICENSED)
FILE NO.
04 SALC pPER b WINE
u TIFG PLAC:
ER Applied esker Sa.2 a p
6v 1/1/1X83
RfCEIPi NO.
126651
GEOGRAPHICAL
CODE 3615
WM
Inutd
2. N"E(5) OF APM1ICANTO
Tnmp. Pa-il
Efl.Obe Car.:
ALI Musa. Jeanette C. b tlohanad
D. TYPE($) OF IRANSACT)ON(S)
FEE
W.
TYPE
tMi
5300.00
41
.
AfMUAL -
189.80
A Igoe rsntDeli CT 20
s. taanan of Rmineu- Namb.r and Reel
Baseline
-
.x8760
CRanetIO COCanonga 91701 >`SA'1 ❑p!]0,
iOTAI
sq 89.80
_.... 20- 108483 ... aemixR imb.
SM. iype of Ueenx (P[ea dband- pL1LOCEe Ja0C4 9.',Qlty umiM YES
R, Mnr,ReAddren (if d.4.r.nr Irani 9- Number aM S . I a,e n-..1
9. Ha.. I- e.., bon —it of a I."? 10. Hax You — dalaxd my d Me pro,ilione of rAe AltoAaY
N 1- N..,ape Coned Aa o, rwulpNOm .1 lb. aponmem W.
I. in" om.a m nemt 9 er 10 on on onoeFmem nh,lh eW1 b dwmed parr al IN, applimbon,
H, App-1 aP-, (al bal eel mono9.• empbYed in o ml. Imemed perm., .ell Aare It the 9'xllfmrionr of a Gnn.ee aid
Ibl ih,l he .III • f .iolar< or prmb m M Metaled any aI •b . po -niom of rAe Aknbnlit 1-9. Cenrrol A,,
13. STATE OF CALIFORNIA County of _____ ______Sap..p°[y<K ➢1L
D ..Pon---- ----- -- 4,[a2sa1- - - - - --
n.w �.
IA APRICANTn _f� "�J,
SIGFI NEPf AFCGUG'i�". / /(_C14cli •�^ n ^.r;��CCtM1N. ^r�,,.,- M _ M ��
x.mm rwN,
---------- - - - - --
APPLICATION RT TRANSFEROR ,
IS. STATE OF CAUFORNA County of ................. ............... . . . ... Don ...................
..- __.__ -.
.m.•n _ r ar... ..n ..rw . .w, , .. �. e.....•m. • "'A... n n...niv..n w. n. a..n..r� o.n�^ r -.ne.- u, . a..w
Oa Not Wnle II Th. tine, Fn, 0.panamr V. Only
Ano,W ORaerded
p FA.tnq pope, i __ --------- 4 22 03 __________
O --------------------------- ... ... - COPIES MAILED. _ _-
x ..
0 Ran. 96h. o1 .--- .._ -_hd a . ----- m ........ -- .- :_.- .Aanpr
• RESOLUTION NO. * -fy
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, AUTHORIZING EXECUTION OF LOCAL
AGENCY - STATE AGREEMENT NO. 00 -5420, PROGRAM SUPPLEMENT
NO. 6
WHEREAS, the City of Rancho Cucamonga wishes to obtain Federal Aid
Urban funding for the construction of a traffic signal at the intersection of
4th Street and Archibald Avenue; and
WHEREAS, said funding requires the execution of Local Agency - State
Agreement No. 08 -5420, Program Supplement No. 6 by an authorized agent for the
City.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Rancho Cucamonga approved the execution of Local Agency - State Agreement No.
08 -5420, Program Supplement No. 6 and authorizes and directs the Mayor and
City Clerk to execute said agreement on its behalf and transmit to the
Department of Transportation for processing.
PASSED, APPROVED, and ADOPTED this 4th day of May, 1983.
AYES:
• NOES:
ABSENT:
ATTEST:
Lauren M. Wasserman, City Clerk
n
�J
Jon D, Mikels, Mayor
•
•
Local Agency Ranrhn r`nr•ar,mnnav
Supplement No. 06
To Local Agency —State
Agreement No. 08 -5420
Protect No. MG-3041(159)-
PROGRAM
OF
LOCAL AGENCY FEDERAL AID URBAN SYSTEM PROJECTS
IN THE
City of Rancho Cucamonga
Locai Agency
Pursuant to the Federal Aid for Urban Systems Acts, the attached "Program" of Federal Aid
Urban System Projects marked "Exhibit B" is hereby incorporated in that Master Agreement for
the Federal -Aid Program which was entered into between the above named LOCAL AGENCY and
the STATE on December 5, 1979_, and is subject to all of the terms and conditions
thereof.
The subject program is adopted in accordance with Paranaph 2 of Article II of the aforemen-
tioned agreement under authority of City /ftmzFcResolution No.
approved by the City Council /B'd6Ydc81a6h}(Ltt KbV6 on
(See copy attached).
Approved for State City of Rancho Cucamonga
Looul Agency
By
Dtsmct Director of rransporunon
District n8— Attest:
I hereby Cerny upon my own personal knowledge that budgeted funds are available
for this >ncua.brance.
5f +,
Accoununf Offer
1,1 /,
C:�oter
sutures
Item
Fuc11 Ycv
Ftuatam Rude
C,t,.,
Fund source
:r
01,111 n1 /6N
/0
..*
Date: April 1, 1983
PROGRfti?
OF
FEDEPAL ACID Umxi Sysm -i PrwECTS
PROGRAM SUPPLEMENT NO. 06
EXHIBIT B
Local Agency: City of
Rancho Cucamonga
Project ilo.
Location & De scri D ion
Tota Cost Est.
Federal Funds
'.atcnnn unds
MG- 3041(159)
In San Bernardino
CONSTRUCTION
AND CONSTRUCTION ENGINIERING
County in the Cities
of Rancho Cucamonga
and Ontario at the
$92,000
$92,000
$ 0
intersection of
Archibald Avenue
and Fourth Street,
Traffic Signals and
fiinor Paving
*Local Agency Funds
unless otherwise
specified
sDecia Lovenantc
or Ra.nm•
D &11A (11/81)
- -- - - °- ^� �v�„g me pnysicai condition and the operation
of the improvements, referred to in Article VI MAINTENANCE of the
aforementioned Master Agreement will be performed by the
City of Rancho Cucamonga at regular intervals or as required
For eff>cient operation of the completed improvements.
•
EXHIBIT B
page 2
April 1, 1983
2, The City of Rancho Cucamonga will advertise, award and provide a Resident Engineer
to administer this project.
3. In awarding the contract, the Local Agency agrees the payment of Federal funds will be
limited to the Detail Estimate amount approved by the Federal highway Administration
in the federal -Aid Project Agreement (PR -2), or its modification (PR -2A).
4. In executing this Program supplemental Agreement, Local Agency hereby reaffirms the
":Jondiscrimination Assurances" contained in the aforementioned Master Agreement for
icdcral -Aid Program.
�T
0
,r 5"
CITY OF RANCHO CUCAMONGA
STAFF REPORT
DATE: May 4, 1983
TO: City Council and City Manager
FROM: Lloyd B. Hobbs, City Engineer
SUBJECT: Alta Loma Channel Guarantee of Payment Agreement - Roberts Group
The attached agreement covers a payment guarantee for the Roberts Group's share
of engineering and legal services incurred in the formation of the Alta Loma
Channel Assessment District. The agreement is secured by a cash deposit of
$3,863.86.
In the event the District fails to proceed,these funds would be used to offset
City incurred engineering expenses.
RECOMMENDATION
Recommend approval of Guarantee of Payment Agreement with Roberts Group in con-
junction with Assessment District 82 -2 (Alta Loma Flood Control Channel).
Respectfully subm /tted,
Attachment
1 7
n
u
r
r �
RECORDING REQUESTED BY
AND
WHEN RECORDED Mll!L TO:
CITY CLERK
CITY OF RANCHO CUCAMONGA
9320 -C Base Line Road
Post Office Be. 80,
Rancho Cucamonga. California 91730
GUARANTEE OF PAYMENT AGREEMENT
THIS AGREEMENT made and entered into this day of
' 1982, by and 'between
( hereinafter referr'ea to as "Developer"), ana the CITY OF RANCHO
CUCI.MO::CA, CALIFORNIA, a municipal corporation (hereinafter referred
to as "City "), provides as follows:
WHEREAS, the City is considering the formation of a special
assessment district for the construction and installation of certain
storm drainage improvements, together with appurtenances and appurtenant
work, Re rsuart to the provisions bf the "Municipal Improvement Act of
1913 ", being Division 12 of the Streets and Highways Code Of the State
of California, said special assessment district known and designated
as:
• ASSESSMENT DISTRICT NO. 82 -R
(ALTA LOMA FLOOD CONTROL CHANNEL.)
(Hereinafter referred to as the "ASSessmC. ^.t District"); and
w HEP.EAS, at this time the City does not have sufficient
funds to pay the costs and expenses for consultim; sereices to cover
the necessary services for the following:
19
A. Design Engineering:
B. Assessment Engineering;
C. Bond Counsel;
and Developer does not have sufficient funds to loan to the City to
cbvor said services; however, said Developer is aureeable to quaranteeinq
the p,gaabt of said consulting services if for any reason the proceedings
are abandoned prior to confirvation and there is no successful sale of
bonds; and
WHEREAS, it is a.utually understood that all Consulting
sCry icos for the nbove,forenced Assessment District shall be in-
eluded '.lith the Bob,! issue and beeooe an incidental vxuonsr Of the
prx redims, but If the nroceedings ore lh,rdoned prior to maturity,
thn obligations inrirred for consulting services to date shall he the
sole respnnsibillty 'l nil Obligation of Developer; and
VIDCP1.AS, Cit^ and lrccloper n ag rroablo to rntov into this
.lire „meat tc pin•;:dn bn ,.+Rain r.tc` bby Orrvelop,:r that if for .+n') ren sari
:he P[un' ",ii ri. ^+ air au,i neL m rd, Devcl ghee :;hull i +av hi; p,pnrtlonote
ha ^f !I:C .o:. n: m... � :xno m;os :or the ,v;nv e- of :crenC rd cnnuol eio. `:
sere vvs.
TI!il -0 :i')i +E, IT ID '.I!IFIT! ='AI,L'; N1g El :D 111' .HC Pd RTlrE
1. TLS, ,:Luc„ r,,,ntal, , all •r's` a:•'.
2. That if the proceedings for the above- referenced •
Assessment District are abandoned prior to a successful confirfiation,
or there is no successful sale of bonds within three (3) ears from
the date of this Agreement, Developer stall pay to City his propor-
tionate share of all consulting services incurred to date within sixty
(60) days'of request by the city.
3. For particulars as to the Developer's percentage share
of responsibility, reference is made to the attached and incorporated
Exhibit "A ", which Exhibit sets forth the proportionate share of all
expenses incurred that will be the responsibility of Developer.
4. The provisions of this agreement shall be secured in
the amount shown in Exhibit "A" by acceptable bond surety, letter of
credit or other means acceptable to the City Engineer.
5. If the proceedings are successful, and there is a -
firmation of assessments and a successful sale of bonds within throe
(3) years from the date of this Agreement, then this Agreement shall
be null and void; otherwise, it shall remain in full force and effect.
6. This Agreement and guarantee shall be binding on all
heirs, executors, administrators, successors and assigns of each of
the parties hereto.
1. If legal action is commenced to enforce any of the
provisions of this Agreement, to recover any sum which the City is
entitled to recover from the Developer hereunder. The prevailing
party shall be entitled to recover its costs and such reasonable
attorney's fees as shall be awarded by the Court.
B. In consideration of payment by Developer of expenses
for consultant services in the amount shown in Exhibit "A ", ss
the City
shall agree to credit said amount to any drainage fees or assement•
which may become due on the parcel described in Exhibit "R" at some
future date.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the day and year first hereinabove written.
.C11'.
CITY OF RANCHO CUCADIONGA, CALIFORNIA,
a municipal corporation
ATTEST:
V •
s /
Tract
9441
11609
9649
10615 -1
11625
11933
10015
10047
10088
11923
EMBIT
'Aa
Developer
Acres
City of Rancho Cucarmnga
40,8
for Kingslea Connunities
City of Rancho Cucarrunga
6.89
for Kingslea Clourunities
Land-nark Invesments
22.4
Alta Lone North A
California Itd. Partnership
Sam Angona
18.8
Westland entures
Roberts Group
7.0
Woodland Pacific
9515
Dick Scott
The Anden Group
18.9
G.S.Rosenfeld
The Anden Group
27.2
E. S. Rosenfeld
Joseoh Nicosiad eeweb a
82.8
L}n. n Sutter
Dominic Salvnti
5.8
(Slm f fcr -lCPm t l and)
'fo ta1
326.09
$551. W /Ac.re
V�
0
Design Asset.
$22,521.39
3,803.24
12,364.69
10,377.50
3,863.96
52,715.51
10,432.70
15,014.26
45,705.17
3,201.57
51801100.()0
_The land referred to'in Ithia report is situated in the State of Cali-
fornia. County of San Bernardino, and is described as followsl
Those portions of the east 1/2 of Lot 1, Block 4 and the east 112 of Lot
6, Block 3, Hap of the Trent of land of the Cucamonga Homestead Association,
as per plat recorded in bock 6 of laps, page 46, recorda of said County,
and of Goverment Lot 1. Section 35, towoshlp 1 north, range 7 vest, San
Bernardino Base and Herldian, according to the Official Plat of said
land approved by the Surveyor Generale dated .tune 20, 1884 and of vacated
.(Olive) 19th Streetv as said street vas abandoned by Resolution of Board
of Supervisors of the County of San Bernardino, a certified copy of said
Resolution being recorded May 169 1963 In book 5911, page 960 records of
said County, lying northerly of (Olive) 19th Street, as the same now
exists and lying southerly and Westerly of the following described line:
Beginnlnn at a point in the center line of Hen-,.",i Avcnue !66 fcnt wide)
mouth Ott 30' 57" east a distance of 947.72 feet fr¢u the ir.tcr:.ection o'_
the center line of said Batsman Avenue and the center line of Eigl:lane
Avenue said intersection being south 89' 57' 00" vest a distance of
39.87 feet from a 2 —inch iron pipe at the north 1/4 corner of said
Fractional Section 35; thence south 89' 46' 1H" vest, a distance u.
33.00 feet to a 1 —inch iron pipe. ta2gcd R.C.L. 73449 at the Westerly
right of '-y lire of cni: }ezwosx Avenue, thence e::itiuuiag Sou:n 89"
46' 18^ vest a distance of 334.00 feet to a 1 —inc2h iron pipe taLpcd
R.C.L. 734:; theree north Co 30' 57" west parallel With the center lint
of said 1!c= ;. Avcuue, a distance of 336.G0 feet to a 1 —ins: acn pine
taCicd R.C.L. 7344; thence south B9' 46' 18" vest a distance of 331.57
feet, rore or Lott, to t 1— ir.m': iron ripe tagpcd F.C.E. 73414 f., t:.e west
line of ti.c cast 1/2 of said Lot 6.
For the purpose of the above description, the center line of taic
Hermosa Avenuc is assured to bear north 0. 30' 57" Wert.
"ccrtir.,; L:wrcf.cn thxt portion lyfn;, Wittir, i1cr..OS:. Avenue,
m k,l \rlptI
CITY OF RANG 10 (ICAMONGA EXHIBIT
ENGINEERING DIVISION B
��_- 1
•
•
CITY OF RANCHO CUCAMONGA
STAFF REPORT
DATE: May 4, 1983
TO: City Council and City Manager
FROM: Lloyd B. Hubbs, City Engineer
BY: Joe Stofa, Jr., Assistant Civil Engieer
��q c 1CA1tOti
al
F 2
1977
SUBJECT: Approval of Reimbursement Agreement for Planned Drainage Facility
between City of Rancho Cucamonga and M. J. Brock & Sons, Inc.
Attached for Council approval is a reimbursement agreement for the
installation of a storm drain in Archibald Avenue from 19th Street southerly
to the existing channel north of the railroad easement. This improvement is a
required condition of approval of Tract 9369 and Tract 11173.
The attached agreement has been approved as to form by the City Attorney. The
form includes the provisions to set aside into the "planned drainage
reimbursement fund" twenty -five percent (25X) of all fees collected during a
year payable to the developers. In addition, the agreement provides for
direct fee reimbursement on several adjacent parcels which will utilize the
drain. These parcels are shown on the attached map and described by Assessors
Parcels in the agreement.
RECOMrMENDATON:
It is recommended that Council approve the Storm Drain Reimbursement Agreement
with M. J. Brock & Sons and authorize the Mayor and City Clerk to sign same.
Respectfully sub fitted,
v
LBH: S:jaa
Attachment
I�/
0
RF.P.IOI'RSRUkST AG:dK "ENT
FOR
PLANNED DRAINAGE FACILITY CONSTRCCTIO9
I*
THIS AGREF.iIENT, made and entered into this 28th day of
April , 1083, by and between the CITY OF RANCHO COCIMONGA,
California, a municipal corporation, hereinafter called "CITY" and
N. J. BROCE S 5095, INC., a Delaware corporation, horeinatter called
" DEVELOPER", provides:
WITtESSETH
WHEREAS, in the opinion of the CITY it is necessary that
planned drainage facilities be constructed for the proper drainage
of DEVELOPER's development described as 'Tentative Tracts 9369 and
11173 and,
WHEREAS the DEVELOPER, at DEf ELOPER's own expense will
install the planned drainage facilities hereinafter described, and,
WHEREAS, the cost of constructing the planned drainage
facilities hereinafter described will cxcred the pl:,nned drainage
facilities fee, which will be payable with respect to the develop-
went under the provisions of City Ordinance No. 75, and
WHEREAS, Section 8 of City Ordinance No. 75 provides:
"SECTION 8: Construction by Developer and Re.inbursema_nt.
elheniver the construction of planned drainage facilities is
neentsury for the proper drainage of a subdivision, the City may ro-
quire the subdivider to construct such facilities with credit being
given by the City toward any fee payment squired by this Ordinance.
If the cost of such construction exceeds the fee which would other-
wise be, payable with respect to the subdivision, the City Council
may, at its discretion, enter into a reimbursement agreement with
the dovelopor. In the event a reimbursement agreement is entered
into, reimburr.rment shall be made only after the fee required by
this Ordinance is callocted In ennnoction with a subdivision or
dovrlopment on other property in the area ennompassed by the to-
imbur, -went boundaries described in the ruimburscmrnt agreement.
The hasis of ciwbu.a,u.nt ^hall bo the drvr L,prr's actual cost
of construction of the Planned drainage facilities. The term of
a rcimhur:nmant agro(',avnt :.hall not excerd tin CIO) yrars."
I*
NOW, THEREFORE, the parties hereto ;agree as follows:
1. The Developer will, and at Developer's own expense,
furnish all labor, equipment and material, and pay all costs
incident to the installation in iiccordau.. with plans and speci-
fications approved by the City Engineer of the City, the following
planned drainage facilities:
Storm Drain Plan, Tract No. 9369, Archibald Avenue, Station 233a50-
Station 244+99.60.
2. Installation of said planned drainage facilities shall
be completed not later than thirty six (36) months after the date
of this agreement.
3. The City Engineer shall inspect and test the planned
drainage facilities at the expense of the Developer, and after
any deficiency discovered by said Engineer has been corrected by
Developer, City shall accept said planned drainage facilities for
public use. City shall not unduly withhold acceptance of the planned
drainage facilities.
4. City shall not be responsible for any loss or damage
to said planned drainage facilities prior to their acceptance by
City. Developer hereby guarantees and warrants said planned drxinag
facilities for n period of one (1) year following the completion and
acceptance thereof against any defective work or labor done, or de-
fective materials furnished.
5. Developer shall protect, indemnify and save harmless
City from and against any and all clnims, demands, and causes of
action of any nature whatsoever, and any expense incident to defense
by City of any such demand or action for injury to or death of persons
or loss of or damage to property occurring on Developer's development,
or in any manner growing out of or connected with Developer's con-
struction, repair and maintenance of the planned drainage facilities
desrribed heroin, or in any manner growing out of or connected with
any deficiency in workmanship or material furnished in connection
with com;tiuctiou, maintenance or repair of said planned drainage
farnlitirs.
6. City hereby agmps that in consideration of Ieveloper's
inrtaliation of -,aid plannud drainage facilities, City will not
asses.. Developer the fee described in Ordinance No. 75 which fee
with re!.paet to L`c vrlopor's tlpvelopment would othtlwa:,e be the
..um of 571.5'!3, C0_.___Onl late.
7. For the amount that tho actual cost of construction of
said planed drainage facilities oxcrnds the sum spec, find in Parag h
6 hurrnf, which said excess amnunt in hwrinnftur referred to as t
"original reimbur.... ?nt sum" the City shall reimburse Dovelepvr, on
d
0
it -3-
as and when fees are collected under Ord trance No. 75 and only
according to the formula hereinafter described. ,Amounts to be
reimbursed to Developer shall be determined as follows:
A. Following completion of construction the Developer
shall submit all cost data to the City Engineer. The City Engineer
shall then determine the actual cost of construction, and such
determination shall be final. ,
B. Annually, at the end of each fiscal year, the City
shall set aside into a "planned drainage reimbursement fund" twenty -
five percent (25:) of all fees collected during the fiscal year
under the provisions of Ordinance No. 75.
C. The Developer shall be eligible to share in the plan-
ned drainage reimbursement fund cemmencior with the fiscal year
which ends following the date on which said planned drainage facilities
are accepted by the City.
D. if the Developer is eligible to share in the planned
drainage reimbursement fund, then not later than two (2) months
after the end of such fiscal year, the City shall pay the Developer,
from the amount set aside in the planned drainage reimbursement
•
fund, a fractional share thereof determined is follows:
(i) The numerator shall be the original reimbursement sum
for the Developer and the denominator shall be the total of the
original reimbursement sums for all Developers who are eligible to
share in the planned drainage reimbursement fund for said fiscal year.
E. The Developer shall be eligible to, and will recieve
one hundred percent (1005) of those drainage fees collected under
the provisions of Ordinance No. 75 from those properties known as
Assessor's Parcel Numbers 0202 - 721 -04, 0202 - 721 -05, 0202- 721 -060
0202- 721 -07, 0202 - 721 -08, 0202 - 721 -09, 0202 - 721 -30, 0202 - 721 -11,
0202- 721 -12, 0202- 721 -13, 0202- 721 -14, 0202 - 721 -15, 0202 - 721 -16,
0202 - 721 -170 0202 - 721 -18, 0 ".02- 721 -19, 0202 - 721 -20, 0202- 721 -01,
0202 - 721 -02, 0202 - 721 -03, 0202- 181 -05, 0 202- 181 -06, 0202- 181 -07,
0202 - 181 -09, 0202 - 181 -15, 0202 - 181 -16, 0202- 181 -230 0202- 181 -24,
0202-1,1 1-11 .
(f) The City shall pay the dove.loper, not later than two
(2) mouths after the end of the fiucnl fear, one bmidrrd percent
(100X) of those drainage fees collected during the iferrmentioned
fiscal year from Assessor's Parcel Numbers 0202- 721 -04, 0202- 721 -05,
0202 - 721 -05, 02n2- 721 -OG, 0202- 721 -07, 0202 - 121 -08, 0202- 721 -09,
0202 - 721 -10, 0202- 721 -11, 0202-721 -12, 0202 - 721 -13, 0202 - 721 -14,
0.2,02- 721 -15, 0202 - 421_16, 0202- 721 -17, 0202- 721 -18, 0:02- 721 -19,
0202- 721 -20, 0202 - 721 -01, 0202- 721 -02, 0202- 721 -03, 0:;02- t81 -o5,
0202- 181 -00, 0202- 181 -07, 0202- 191 -090 0202 - 181 -15,
2020 - IHI -23, 0 202- 181 -24, 0202- 141 -11.
it -3-
S. All of Developer's right to reimbursement hereunder
shall cease as of the end of the fiscal year ending ten (30) years
after the fiscal year in which the Developer first became eligible
for reimbursement hereunder, whether or not fully paid.
9. Nothing in this agreement shall entitle Developer to
reimbursement of a sum in excess to the original reimbursement sum.
30. Amounts payable to Developer hereunder shall bear no
interest.
11. Paysents may be mailed to Developer at the following
address:
1698 Grcenbriar Lane, Suite 224
Brea, California 92621
12. Developer may change the mailing address by written
notice delivered to the City Clerk.
13. Rights to reimbursement due under this agreement may
be assigned after written notice to the City by the bolder of such
rights as shown by the records of the City. Such assignment shall
only be effective only with respect to payments becoming due and
payable more than thirty (30) days after receipt by the City of •
written notice of such assignment. City shall not be required to
divide any payment to be made hereunder. In the event it appears
from the records of the City that more than one (1) person holds
the right to payment hereunder, the City may deliver the full payment
to any one of such persons and such payment shall be deemed payment
to all.
14. As used in this agreement, the term "Ordinance No.
75" includes any ordinance amending or modifying Ordinance No. 75
and any ordinance adopted hereafter which covers the same or
similar subject matter and is intended to replace Ordinance No. 75.
15. The City reserves the right to at any time increase or
decrease the fees payable under Ordinance No. 75,
16. If the fee. established by Ordinance No. 75 is hereafter
declared invalid or unenforceable, or collection thereof is other-
wise precluded by law, all Devoloper's rights to reimbursement here-
under shall immediately cease and terminate.
17. This Agreement shall be interpreted according to the
laws of the State of California. This document contains the entire
agreement between the parties with respect to the subject matter
hereo t. Tilts agreement cannot be modified except by an agreement
in writing, sil;n rA by the party against wham the enforcement of
Any wnwcr, change, modification or discharge is sought. Subject
to any provisions herrin to the contrary, this agreement ::halt in
a.i re 1e-ct.9 bind, and inure to the benefit of, the heirs, exec uior
adminlatrators, successors and assigns of each of the parties.
4
'_ J a -4-
RESOLUTION NO. * %ry
• A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING A REIMBURSEMENT
AGREEMENT FROM M.J. BROCK AND SONS, INC., FOR TRACT 9369
AND TRACT 11173
WHEREAS, the City Council of the City of Rancho Cucamonga,
California, has for its consideration a Reimbursement Agreement executed on
April 27, 1983 by M.J. Brock and Sons, Inc. as developers, for the
installation of storm drain facilities to be constructed for proper drainage
of developer's development described as Tract 9369 and Tract 11173, generally
located at the southeast corner of 19th Street and Archibald Avenue; and
WHEREAS, the Developer, at Developer's own expense, will install the
planned drainage facilities to the satisfaction of the City Engineer.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Rancho Cucamonga, California, that said Reimbursement Agreement be and the
same are hereby approved and the Mayor is hereby authorized to sign said
Reimbursement Agreement on behalf of the City of Rancho Cucamonga, and the
City Clerk to attest thereto.
PASSED, APPROVED, and ADOPTED this 4th day of May, 1983.
AYES:
• NOES:
ABSENT:
ATTEST:
Lauren M. Wasserman, City Clerk
Jon D. Mikels, Mayor
M --M*H-4 vLsF11-lE6�z-
R R E
CITY OF I(, \ \(:IIO CI'C. \..VC) \'( .\ TRACT 9369
and TRACT 1
1)1% IsIoN
pnRe
d.
9
J
u
CITY OF RANCHO CUCAMONGA
STAFF REPORT
cG, c�cnnro'Yc
Oil l r
;i O
r z
F, 2
DATE: May 4, 1983
1977
TO: City Council and City Manager
FROM: Lloyd B. Hubbs, City Engineer
BY: Barbara Krall, Engineering Technician
SUBJECT: Approval of Parcel Map 7264 - Watt Commercial - located on the
southeast corner of Haven Avenue and Leman Avenue
The subject map submitted by Watt Commercial to divide approximately 37 acres
into 2 parcels within the C -1 and R -3 zone located on the east side of Haven
Avenue between Highland and Lemon Avenues was approved by Planning Commission
on April 13, 1983.
Off -site improvements are to be constructed at time of building permit
issuance.
RECOMMENDATION:
It is recommended that City Council adopt the attached resolution approving
Parcel Map 7264 and authorizing the City Clerk and City Engineer to sign same.
Resp9ctfully submitted,
ten:v:Jaa
Attachment
A a�
• RESOLUTION NO. * 6-U
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NUMBER 7264
(TENTATIVE PARCEL MAP NO. 7264)
WHEREAS, Tentative Parcel Map Number 7264, submitted by Watt
Commercial and consisting of 2 parcels, located on the east side of Haven,
between Highland and Haven Avenues, being a division of a portion of Lots 3,
4, 21, and 22 of Foothill Frostless Fruit Company, Subdivision No. 2, City of
Rancho Cucamonga, State of California as recorded in book 20 of maps, page 34
was approved by the Planning Commission of the City of Rancho Cucamonga; and
WHEREAS, Parcel Map Number 7264 is the final map of the division of
land approved as shown on said Tentative Parcel Map; and
WHEREAS, all of the requirements established as prerequisite to
approval of the final map by the City Council of said City have now been met.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Rancho Cucamonga, California, that said Parcel Map Number 7264 be and the same
is hereby approved and the City Engineer is authorized to present to the
County Recorder to he filed for record.
• PASSED, APPROVED, and ADOPTED this 4th day of May, 1983.
AYES:
NOES:
ABSENT:
ATTEST:
Lauren ?1. Wasserman, City Cler
19
Jon D. Mike s, Mayor
TENTF.TIVE
,,....:... ''
AP 7264
NO\
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PAR IN IHL CIti�R OF LCTS J,f• 21 �rMF CITY
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I
1
CITY OF RANCHO CUCAMONGA Cl1CAAg0
STAFF REPORT 1'.
May 4, 1983
TO: City Council
City Manager
FROM: James H. Robinson,
Assistant City Manager
BY: Robert A. Rizzo,
Administrative Analyst
SUBJECT: Establishment of Service Recognition Program
A service recognition program is a method whereby the City Council
would be able to demonstrate its appreciation to staff members (i.e.,
councilmembers, commissioners, and employees)* who have served the City
for certain periods of time. The traditional segment of service to be
recognized is in increments of five years. In November of 1983, the
City surpassed its sixth anniversary, and a total of thirty (30)*
persons have or will achieve five years of service by the end of 1983.
We have investigated the idea of a recognition program and found the
practice is universal on both the private side and on the public side
with cities and utilities. Additionally, it was found that the program
could be very expensive (in the neighborhood of $10,000). In our
research, we have "sharpened our pencils" and developed a conservative
program with a local merchant that would fulfill Rancho Cucamonga's
needs for the next ten years. The cost of this program would be
approximately $1,892. Funding for this program would be through
contract services activity of the City Manager's office (01- 11 -28).
With the credit received from state sales tax on the Grapevine, the
program would have no impact on this year's budget (1982 -83)•
RECOMMENDATION:
That the City Council adopt a Service Recognition Program for all full -
time employees, commission members and City Council members who have
completed five consecutive years of service with the City at a cost not
to exceed $2,000 to be funded from contract services 01- 11 -28.
JHR:RAR:mk
C2 7
u
•
J
✓k
nTMv nc n n ATnvn OT TO n TRnATO n
STAFF REPORT 2� °_.�
i �}
DATE: May 4, 1983 �
F'--'� z
TO: City Council and City Manager iq;;
FROM: Lloyd B. Hubbs, City Engineer
SUBJECT: Day Creek Financial Plan
As the Council is aware, the City has for the past three years been participa-
ting in a program to plan and construct the Day Creek Channel. The first
major effort on this project, the Plan, has been completed and accepted by the
Day Creek Steering and Technical Committees. The second stage, financing and
construction are now beginning.
After a review of available financial mechanisms, it was determined that the
newly adopted Mello -Roos "Community Facilities Act of 1982" would provide the
most viable approach to generate the base funding for the project. It is
likely that redevelopment funds would support construction over the life of
the project but would be utilized to reduce the base tax rate set under the
Community Facilities District.
In order to develop the District program, it is necessary to retain engineer-
ing and redevelopment bond counsel services to prepare the necessary studies
leading to the eventual District election.
In cooperation with the City of Ontario, it was determined that the firms of
Willdan Associates and Brown and Nazarek would be recommended to provide
Assessment Engineering and Bond Counsel services respectively. Each City
would utilize its own redevelopment consultant for redevelopment services.
The attached agreement between the Cities indicates that the initial phase of
study would cost $20,000 to be split between the two agencies at $10,000
each. Ontario will act as lead agent for contracting and will administer the
consultants contract. The actual consultant contract is attached as Exhibit
"A" to the City's contract. Our redevelopment consultant services will cost
$15,000.00.
City funding will be derived from the County increment of redevelopment funds
through agreement with the Redevelopment Agency.
it should be noted that the current contract funded by the $20,000 budget only
covers Phase I of a three phase program leading to the District election,
potential court validation, bonding and construction.
4G
CITY COUNCIL STAFF REPORT
Day Creek Financial Plan
May 4, 1983
Page 2
Phase I will define the basic District boundary, potential tax structures and
legal procedural parameters. This phase will closely involve property owners
and will help determine the viability of the District. Phase II not covered
by the current contract would fund all necessary reports, hearings and
administrative details leading to the District formation election and would
include court validation action. Because this would be one of the first of
its kind, there are several unknowns which will be further defined during the
first phase. Phase III of the program involves engineering, bonding,
construction and annual tax services.
Redevelopment services will be required from the City's Redevelopment Consul-
tant, M.S.I. to advise on redevelopment considerations - cost not to exceed
$5,000.00.
It is recommended that Council (1) approve the agreement with the City of
Ontario and authorize $10,000 to cover contract funding, (2) approve RDA
agreement establishing RDA funding for the project, and (3) accept $15,000
from the RDA and establishing a Day Creek Facilities account ($10,000 for
Willdan Associates and Brown & Nazarek and $5,000 for MSI for time and
materials).
Respectfully submitte ,
U
LBH:ja
Attachment
cy
•
•
•
•
49
CITY OF RANCHO CUCA,r1ON,
REDEVELOPMENT AGENCY
STAFF REPORT
DATE: May 4, 1983
TO: Members of the Redevelopment Agency
FROM: Jack Lam, AICP, Director of Community Development
SUBJECT: PROPOSED AGREEMENT BETWEEN THE REDEVELOPPIF.NT AGENCY
AND THE CITY OF RANCHO CUCAMONGA PROVIDING FOR THE
CITY'S IMPLEMENTATION OF THE DA.Y CREEK FACILITIES
PROJECT AND ESTABLISHING RDA FUNDING
Under the agreement between the RDA and San Bernardino County,
that portion of the increment attributable to the County's share
is to be used for the purposes of implementing the Day Creek flood
facilities project. With the structuring of the program for its
implementation it is now necessary to establish the proper funding
agreement so that the program may proceed. Enclosed in your packet
is a proposed agreement between the Redevelopment Agency and the
City of Rancho Cucamonga providing for the City of Rancho Cucamonga's
implementation of the Day Creek project through Redevelopment Agency
funding.
RECOMMENDATION:
Staff recommends that the RDA approve the agreement between the Re-
development Agency and the City of Rancho Cucamonga for the City
implementation and RDA financing of the Day Creek Capital Facilities
Project and establishing a RDA -Day Creek capital facilities account.
Re pectfufll� submitted,
JACK LAM, AICP _
Community Development Director -
JL: j Y. C�•" "ql.
Encl. %'
rv-
A\
�T
DAY - ETIWANDA CREEK FINANCIAL STUDY
ONTARIO - RANCHO CUCAMONGA AGREEMENT
THIS AGREEMENT is made and entered into this ,lay of
1983, between the CITY OF RANCHO CUCAh'ANGA, a municipal corporation, -herein-
after referred to as "RANCHO CUCAMONGA", and the CITY OF ONTARIO, a municipal
corporation, hereinafter referred to as "ONTARIO ".
WITNESSETH:
WHEREAS, Day and Etiwanda Creeks are generally located within the
boundaries of the Cities of ONTARIO and RANCHO CUCAMONGA; and
0
WHEREAS, construction of drainage and flood control facilities along
Day and Etiwanda Creeks is necessary to provide for the public health, safety
and protection of property from damage due to flooding caused by increased
development within the watershed; and
WHEREAS, ONTARIO and RANCHO CUCAMONGA wish to cooperate in an effort
to plan, finance and construct adequate flood control facilities along Day and
Etiwanda Creeks. •
NOW, THEREFORE, it is mutually agreed as follows:
ONTARIO SHALL:
1. Act as lead agency in hiring and directing an Assessment Engineer and Bond
Counsel to conduct necessary studies preliminary to the formation of a
Community Facilities Act (Mello -Roos) District. Those studies as further
described in the attached Exhibit A.
2. Participate in the total cost of preparation of the study in an amount not
to exceed $10,000.
RANCHO CUCAMONGA SHALL:
1. Participate in the study in an amount not to exceed $10,000.
2. Deposit with the City of Ontario within 30 days of execution of this
agreement the full amount of $10,000.
3. Cooperate with Ontario by providing all information and assistance requir-
ed to insure the timely completion of studies.
IT IS MUTUALLY AGREED THAT:
If upon completion or termination of consultant contract less than 5201000 has •
been expended for the contract sr.rvices, each city shall received fifty
percent (50Y,) of the funds remaining upon said termination or completion.
31
� 1
•
•
9
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the
day and year first above written.
CITY OF ONTARIO,
a municipal corporation
CITY OF RANCHO CUCAMONGA, a municipal
corporation
BY: BY:
Mayor Mayor
Attest:
Attest:
City Clerk City Clerk
Approved as to For c
City Attorney
..r
Approve o Form:
City Att22��—
E% H I B I T "A"
AGREEMENT
FOR •ENGINEERING SERVICES
THIS AGREEMENT made and entered into this day of
1983, by and between the City of Ontario, Hereinafter
reterred to as CITY, and Willdan Associates, Engineers and Planners,
290 South Anaheim Boulevard, Suite 100, Anaheim, California 92805,
hereinafter referred to as ENGINEER;
W I T N E S S E T H
WHEREAS, CITY has a need for financial and engineering
consulting services for a study of the financing of the Regional Drainage
Facilities known as Day /Etiwanda Drainage Improvements; and
WHEREAS, it is beneficial to CITY to have under contract
an engineering firm which can immediately perform required services for
CITY; and
WHEREAS, ENGINEER, in association with F. Mackenzie Brown,
Attorney, have specialized knowledge, training, and experience in finan-
cing alternatives, and drainage; and
WHEREAS, the Rancho Cucamonga Redevelopment Agency
and /or CITY is also desirous of obtaining engineering and financial .
consultant services from ENGINEER, and have agreed by separate
Agreement to participate in the study and pay one -half of ENGINEER's
fees billed to CITY under this contract; and
WHEREAS, it is the desire of the parties hereto to set forth
the terms and conditions under which ENGINEER shall provide CITY
with the services as set forth herein; and
WHEREAS, ENGINEER desires to perform engineering services
for CITY under contract.
NOW, THEREFORE, be it mutually agreed as follows:
First: The ENGINEER, when authorized, shall perform the
following services as shown in Phase I, Preliminary only, for the estab-
lishment of a "Mello Roos" Community Facilities District within the cities
of Ontario and Rancho Cucamonga for the purpose of financing drainage
improvements.
PHASE
Preliminary
I BOUNDARIES
Establish the boundaries in the two cities. Considerations involved •
would include the following:
a) Drainage area boundaries
33
• b) Registered voters
c) Possible drainage area boundary modifications resulting from
the manner in which the improvements are to be constructed
d) "area to be served" and "where service to be provided" (these
have legal definitions)
e) Peripheral considerations
A problem sometimes encountered when establishing taxing boundaries on
the basis of drainage boundaries is that a few inches differential in ele-
vation may be all that distinguishes the difference between two identical
and adjacent parcels. Since this taxation will be limited to the area
within the boundaries so established, it is conceivable that adjacent
similar parcels could have very different taxation consequences if sep-
arated by the district boundary. This could create controversy. The
proposed boundaries would be looked at carefully from this standpoint.
The end product will be a narrative describing precisely why the bound-
aries were established in the manner in which they are presented.
II FACILITIES TO BE CONSTRUCTED
Within the boundaries estab ishe y Item I above, the facilities proposed
for financing by the district would be laid out. Considerations involved
would include:
a) The regional versus the tributary nature of the facilities
proposed with an effort made for consistency
b) The extent to which facilities have previously been constructed
by private development or assessment district
The final result will be depicting a system consistent as to its basis of
• benefit, i.e., regional or local. The benefit from these various struc-
tures would be plotted within the boundaries established in Item I above,
c) Costs of each of these proposed facilities would be identified,
III RELATIONSHIP WITH REDEVELOPMENT PROJECT AREAS
It is our un erstan mg t at oth cities ave re eve opment project areas
within a portion of what will be the boundaries of this proposed district.
It is also our understanding that the redevelopment agencies of both
cities will be making contributions to this project, but not necessarily
based upon the same formula. The following will need to be determined:
a) Should redevelopment contributions be limited to those portions
of the redevelopment project boundary within the drainage
district boundary?
b) Should the agencies make finding that those areas not within
the redevelopment project boundary, but within the drainage
boundary, are really an integral part of a redevelopment
problem, thus allowing redevelopment contribution to be made
to the district without regard to the redevelopment project
boundaries?
c) Should the redevelopment project boundaries be modified to be
consistent with the drainage district boundaries?
Upon resolution of the above, a formula for redevelopment contribution
would then be established.
. IV CREDITS
Within what will he the district boundaries, some properties have been
assessed and paid drainage fees, some properties have been involved in
assessment districts where drainage facilities have been constructed and •
assessed to their property, and some properties at their own expense
have built certain drainage facilities. As a prerequisite to establishing
the tax, the following would be done in this regard:
a) These private party expenditures would be reviewed as to
their relationship to the work proposed by the district, i.e.,
regional or tributary. If these previous contributions were
found to be of the same scope of the work being proposed by
the district, credits would then be established to each of the
properties that had made such previous contributions. On the
other hand, if this subject is not factored into the tax, this
review would provide the basis for omitting it.
V RELATIONSHIP OF THE TWO CITIES TO THE PROCESS
The relationship of the two cities in the implementation of this process
would be established. Considerations would be as follows:
a) Accomplish this district as a "joint powers" between the two
cities
b) Accomplish the process separately by the two cities, but
concurrently, resulting in one rather than several public
informational programs
c) Attempt to put together one huge joint powers entity involving
the two counties and all the cities involved in the overall
drainage area, and
d) Accomplish these projects separately and independently by
each of the two cities.
The result, hopefully, will be an agreed upon approach.
is
VI ESTABLISH THE PROPOSED SPECIAL TAX
It is presumed that the propose spe—Ma tax would cover the servicing
of bonds necessary to finance its construction. It must be remembered
that this tax cannot be raised without an additional vote. It is also
probable that this tax cannot be ad valorem, but must be reapportioned
each year. It would seem, therefore, that it is essential that the method
of establishing this tax must not only develop equity as to the benefit
which the properties will receive, but also must be easily modified on an
annual basis over the life of the bonds. The proposed formula would
need to meet the above condition and meet the legal requirement of being
"fair ", "uniform ", "fairly apportioned ", etc. It would also have to be
sufficiently brief to appear on the ballot.
VII REPORTS
A final report would be prepared summarizing the conclusions reached on
the above matters and setting forth the boundaries, the purpose and the
proposed maximum tax. This report, then, would become the basis for
the formation of the district. Ten copies of this report will be delivered
to the City.
VIII HEETINGS
With concurrence of the City, an informational meeting would be held
with the property owners.
40
• PHASE II
(not included in this Agreement)
(informational only)
Phase 11 would consist of the district formation and financing. The .
outline of procedures would be as follows:
I COST REVIEW
A final review o costs as established in Phase I would be accomplished
to ensure that the maximum special tax as set forth on the proposed
ballot measure would be sufficient to accomplish the financing required,
but not so high as to cause the project to be defeated in such an
election.
II PUBLIC RELATIONS
Meetings wJuFJ-Ue--FFe-1cF with appropriate public officials, councils, etc,
to provide thorough explanations of the proposed undertaking and,
presumably, get their informal concurrence to proceed. Meetings, as
required, would be held with the property owners.
III SCHEDULES
Schedu es w7c7uEr be proposed, final boundary maps prepared, ballot
methods drafted, etc.
• IV PROCEEDINGS
The attorney will establish the proceedings which would include, among
other things:
a) The formation hearings
b) The tax rate election
c) The bond election
re-1
V VALIDATION ACTION
It is proms e t aibl —S as court validation action will be necessary to validate
the special tax prior to the sale of bonds. All the data assembled above
would be pertinent to the City's case. The Engineer's would, quite
likely, play key roles in any such adjudication.
PHASE III •
(not included in this Contract)
(informational only)
IMPLEMENTATION
I)
Final Engineering
2)
Right -of -Way acquisitions
3)
Sale of Bonds
4)
Construction
5)
Annual Tax Rate
Dependent upon the formulas, etc, developed in the Phase I portion of
this program, each year someone would have to perform the equivalent
functions of a County Assessor, i.e., reestablish the tax amount based
upon the benefit formula utilized in the original program, recognizing
that this rate cannot increase. Hopefully, the formula that is devised
can be stored on computer tape with the annual modification involving
not much more than updating and listing changes which occurred in the
previous year.
u
11
h.,
• Second: The CITY shall provide ENGINEER with general
assistance by furnishing at no cost the following:
a) Copies of all existing plans,tax assessor maps, aerial
photographs, and existing drainage studies for the area.
le) Assist ENGINEER in scheduling meetings with interested
landowner and providing available conference room facilities for general
meetings. `
Third: The CITY shall reimburse the ENGINEER for ser-
vices performed for the studies for the design services based on the
hourly rates and costs as submitted to the CITY, but not to exceed a
total fee of $20,000 (twenty thousand dollars). Said hourly rates are set
forth in Exhibit A which is attached hereto and made a part hereof.
a) The above fees shall include incidental expenses, as well
as equipment and instruments, the use of office space and minor mate-
rials and supplies. Work to be done outside the scope of the project
shall not be done without written authorization from the CITY.
Compensation for this additional work shall be determined by mutual
consent of City and ENGINEER.
b) The ENGINEER shall bill the CITY monthly based on
the hourly rates submitted to the City. Billing shall be by employee
classifications, indicating number of hours worked during the billing
period, the hourly rate and the amount billed. Billing will show the
amount filled to date, amount paid to date, and current balance to be
paid.
c) The final ten percent (10 %) of the hourly rate fee stated
herein shall not be billed until ENGINEER has completed and the CITY
has accepted the final reports.
d) The City shall pay the ENGINEER the amount due once
each month following approval at a regular meeting of the City Council,
Fourth: Period of Performance: Final study and report shall
be completed within 0 calendar days a ter receipt of a "Notice to Pro-
ceed" issued by the Agency.
Fifth: Time Extensions: All time extensions requested by
ENGINEER must be maae"in writing to the CITY and approved by the
City Engineer before credit can be given. Time delays by the CITY
will be automatically added to the ENGINEER's period of performance.
The time during which the ENGINEER is delayed in his work by the acts
of neglect of the CITY, or its employees, or those under it by con-
tract or otherwise, or by an Act of God, which the ENGINEER could not
have foreseen and provided for and which is not due to any fault or
negligence on the part of the ENGINEER, shall be added to the time of
completion of the work. Determination of delays shall be made by mutual
agreement between the CITY and the ENGINEER.
Sixth: Termination: The right is reserved by the CITY to
terminate the Agreement at any time upon written notice to ENGINEER in
the event the project or any portion thereof is to be abandoned or
indefinitely postponed, or in the case of the ENGINEER's services, in
3C
the judgment of the CITY, are unsatisfactory or because of ENGI-
NEER's failure to prosecute the work with diligence or within the time •
limits specified or because of his inability to perform. In any such
case, the ENGINEER shall be paid the value of the services rendered up,
to the time of termination, provided however, that in no event shall
ENGINEER receive a fee in excess of the maximum fee stated in
paragraph three above. -
Seventh: Designated Representative: William C. Stookey is
designated as the registered I ng� ineer who will represent the Con-
sultant and be its sole contact and agent in all consultations with CITY
during the fulfillment of the terms of this Agreement.
Eighth: Access to Work Product: City Engineer or his des-
ignated representative shall at all times ave access to the work product
of ENGINEER for this project whenever it is in preparation and pro-
gress,
Ninth: Compliance with Law: ENGINEER understands, and
does hereby agree, t at in the performance of services pursuant to the
Agreement, that he shall comply with all applicable laws and
governmental regulations pertaining to such services when performed for
the CITY.
Tenth: Amendment: This Agreement shall not be modified
except by an Agreemt nin writing signed by both parties.
Eleventh: by AR Assiggnment: This Agreement shall not be assigned, •
in whole or in part, MizER.
Twelfth: Notices: Whenever notices are required to be given
pursuant to the provisions of this Agreement, the same shall be given
by depositing the same in the United States Mail, postage prepaid,
addressed as follows:
1) LeRoy D. Bender
City Engineer
City of Ontario
City Hall
Ontario, California 91764
2) Willdan Associates
290 South Anaheim Boulevard1100
Anaheim, California 92805
Notice shall be deemed to have been given, for the purpose of
this Agreement, on the day that the same is deposited in the United
States Mail.
•
v.
• IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed on the day and year first above written.
CITY OF ONTARIO
By:
ATTEST: Mayor
By:
City Clerk
APPROVED AS TO FORM:
By:
City Attorney
•
r /�
WILLDAN ASSOCIATES
By:
William C. Stookey
Chairman of the Board and
Executive Vice President
EXHIBIT A
SCHEDULE OF HOURLY RATES
February 1, 1983
CLASSIFICATION
Principal Engineer
Division Manager
Project Manager
Senior Project Engineer
Project Engineer
Traffic Engineer
Traffic Engineering Associate
Design Engineer
Senior Designer
Senior Draftsperson /Designer
Draftsperson
Junior Draftsperson
Computer Analyst
Survey Analyst /Sr. Computer Analyst
Field Survey Coordination
Party Chief
Two -Man Field Party
Three -Man Field Party
Construction Observer (Public Works)
Real Property Agent
Assistant Property Agent
Real Property Technician
Principal Planner
Project Manager (Planning)
Senior Planner
Associate Planner
Assistant Planner
Secretarial
Building Plan Review
Construction Observation (Building)
Building Clerk
Programming Supervisor
Senior Programmer Analyst
Programmer Analyst
Programmer
Computer Data Entry
'Ll.(
FEE RATE PER HOUR
$ 75.00
60.00
55.00
54.00
48.00
55.00
44.00
36.00
44.00
37.50
28.00
21.00
33.00
45.00
57.00
55.00
105.00
140.00
35.00
50.00
40.00
21.00
55.00
50.00
35.00
30.00
25.00
22.00
38.00
35.00
25.00
52.00
44.00
36.00
30.00
21.00
u
INTER- OFFICE MEMO
�p
DATE April 26, 1983 PHONE,,,,-„
• FROM Thomas Wickum, Captain
Rancho Cucamonga Sheriff's Station
TO Lauren Wasserman, City Manager
City of Rancho Cucamonga
SUBJECT Purchase of Furniture for Employee Lounge
Our office construction is now complete and we are ready for
furnishings for our employee lounge. I have attached a requi-
sition for an arm chair, two sofas, a coffee table and an end
table. I have also attached copies of the literature we have
received in reference to these furnishings.
We have about $305 that was budgeted for our office construc-
tion and furnishings still available. Seven hundred and twenty
dollars over and above the budgeted amount will be needed to
purchase the needed furnishings. It is suggested that $720 be
transferred from the Sheriff's Department overtime budget to
make up the difference.
• The employee lounge is an important item for morale and office
efficiency. Prior to our new construction we had no space
available for our employees, other than the conference room.
The conference room is now utilized the majority of the time.
Many of our employees not only take their breaks, but eat their
lunches at this station. An employee lounge will ensure that
they have a place to go and will minimize work disruption.
09
f,
Thank you for your consideration to this matter.
GG i` -C
TW: jec ec
Attention: Jan Cover
As per your telephone request we offer for your consideration the following
items for your employee lounge.:
1 ea 883205 K $ K Sofa 6 359.95
1 ea #83206 K 6 K Love Seat 296.95
Sofa and love seat upholstered in 100$ Olefin
fabric, color, "Redii -ood ", e.xi5ed good stained
medium oak color.
1 ea #84176 K 6 K End Table 89.95
1 ca #84177 K $ K Coffee Table 125.95
• trod table and Coffee Table are finished in
indtation light oak finish
6.
1 ea 083258 ta2aris 9061 Side ARM Chair 69.95
Chair upholstered in Nylon /Olefin blend with
genuine oak, stained meduim oak. _
5942 JS
Sales Tax 56,57
$ 999,3?
Please allow 3 - 5 weeks for delivery
Delivery available at 625.00 for ground floor
delivery.
Thant: you again for allowing us to assist you in this matter.
Sinc :rely,
i i
RoAney w. NoXy.ell
Office Purnfture Sales
811 S. Sultana
Ontario, Ca 91761
q7
Patton Sales
Couponation
558
East California Street
P.O. Box 273
• Ontario. California 91 761
171 4) 968 -6461
%•arch 11, 1983
lndutui,l 5uppues
Steel Sltuctur]Is
Fipe Fittings
Fence Nit,& Fn¢ing
Ranc%o Cuc:=,,onga Sherrifls Office
Office Fumimm
9333 Rinth Street
u Equipment
rancho Cucamonga, Ca 91730
Attention: Jan Cover
As per your telephone request we offer for your consideration the following
items for your employee lounge.:
1 ea 883205 K $ K Sofa 6 359.95
1 ea #83206 K 6 K Love Seat 296.95
Sofa and love seat upholstered in 100$ Olefin
fabric, color, "Redii -ood ", e.xi5ed good stained
medium oak color.
1 ea #84176 K 6 K End Table 89.95
1 ca #84177 K $ K Coffee Table 125.95
• trod table and Coffee Table are finished in
indtation light oak finish
6.
1 ea 083258 ta2aris 9061 Side ARM Chair 69.95
Chair upholstered in Nylon /Olefin blend with
genuine oak, stained meduim oak. _
5942 JS
Sales Tax 56,57
$ 999,3?
Please allow 3 - 5 weeks for delivery
Delivery available at 625.00 for ground floor
delivery.
Thant: you again for allowing us to assist you in this matter.
Sinc :rely,
i i
RoAney w. NoXy.ell
Office Purnfture Sales
811 S. Sultana
Ontario, Ca 91761
q7
a
rN
a:' E2525.T
12525 -T
012548 -T ofoa , •tn,nm i nmim nm
Co�,F PE`.CE TABLE AND T>BLES n' .. •'it.
l,'i !! Lgh! Oak m PHONE (714) 94�t1
nnn wnwcn
itww -
f, , , 78F;4[c -
•
POD HOWR L
PHONE (714) W-s57-f--
OFFICE FURNITURE. HARDWARE - STEE.
PHONE: (714) 946.6711
i�
1l 3 M( FNU AA111A
ROD HOWELL Mor,rcjkP
Salesmnn UUT WtgiA C l ��
•
•
� . I
nTmv nT. V n Ain Lin OT TO A nenMn n
STAFF REPORT
� 7
c C
DATE: May 4, 1983 r I�
1977
TO: City Council and City Manager
FROM: Lloyd B. Hubbs, City Engineer
SUBJECT: Approval of Indenture with Southern Pacific Railroad for 84 -Inch
Storm Drain
Attached is an Indenture Agreement between the Southern Pacific Transportation
Company and the City of Rancho Cucamonga covering grant of easement to the
City for installation of an 84 -inch storm drain beneath the northbound roadway
of the Victoria Parkway underpass in conjuction with the Victoria Project.
This is a standard agreement form for the Railroad for a project of this
nature.
All obligation incurred by the agreement has been assumed by the William Lyon
Company through separate agreement previously executed.
RECOMMENDATION:
It is recommended that City Concil adopt the attached resolution approving
said agreement and authorizing the Mayor and City Clerk to sign said agreement
on behalf of the City of Rancho Cucamonga.
Respectfully subm' (ted,
i
i
L M: as
Attachments
) 7
-EC OROINC RED] ESIEO UY 1• V.- - •/Y I U J I
`\
OANO WHEN RECORDED MAIL TO Lm. r � ALSO AS.i:GNED p E ED
LEASE 8113 AUMT L. 2i z
.IV AUDIT NO. ......
t_.1 ................_..__.
ob L
J
" - '- -- -- - - -- - - - - -- SPACE ABOVE TMIS LINE FOR RECD-DE-`S ,SE —�
(RRELMIS: BSO- 526.55 -X(N)
THIS INDENTURE, made this =day of �� , 1986 , by '
'Nand between SOUTHERN PACIFIC TRANSPORTATT�JCOMPANY, laelaware corporation,
!herein termed "Railroad," and CITY OF RANCHO CUCAMONGA, a municipal corpo-
ra tion of the State of California, address: P. 0. Box 807, Rancho Cucamonga,
California 91730, herein termed "Grantee ";
WITNESSETH:
1. Railroad hereby grants to Grantee, subject to the reservations,
!covenants and conditions herein contained, the right to construct, recon-
�,struct, maintain and operate an eighty -four (84) inch storm drain pipe,
hereinafter termed "structure," in, upon, along, across and beneath the
property and tracks of Railroad, at or near Etiwanda (Rancho Cucamonga) , in
the County of San Bernardino, State of California, crossing the center line
of said tracks at Engineer's Station 2290 +25, Mile Post 526.55, in the
location shown on the print of Railroad's Los Angeles Division Drawing
LADE -02, Sheet 1 of 1, dated July 19, 1982, attached and made a part here-
of.
Said structure shall be installed in accordance with minimum require-
ments of Form C. S. 1741, also attached and made a part hereof.
0
-1- 1_
` Form C -1
July, 1932
2. Project markers in form and size satisfactory to Railroad,
identifying the facility and its owner, will be installed and con-
stantly maintained by and at the expense of Grantee at Railroad
property lines or such locations as Railroad shall approve. Such
markers shall be relocated or removed upon request of Railroad with-
out expense to Railroad.
Absence of markers does not constitute a warranty by Railroad
of no subsurface installations.
3. This grant is made subject and subordinate to the prior and
continuing right and obligation o_° Railroad, its successors and assigns,
to use all the property described herein in the performance of its duty
as a common carrier, and there is reserved unto Railroad, its successors
and assigns, the right (consistent with the rights heroin granted) to
construct, reconstruct, maintain and use existing and future railroad
tracks, facilities and appurtenances and existing and future transporta-
tion, communication and pipeline facilities and appurtenances in, upon,
over, under, across and along said property.
4. This grant is made subject to all licenses, leases, easements,
restrictions, conditions, covenants, encumbrances, liens and claims of
title which may affect said property and the word "grant," as used here
in, shall not be construed as a covenant against the existence of any
_hereof.
5. The rights herein granted to Grantee shall lacse and become void
if the construction of said structure upon said property is not commenced
within one (1) year from the date first herein written.
6. Grantee shall bear the entire cost and expense of constructin-.,
reconstructing and maintaining said structure upon said property. Grantee
agrees that all work upon or in connection with said structure shall be
done at such times and in such manner as not to interfere in anv wav
whatsoever with the operations of Railroad. The plans for and the con-
struction or reconstruction of said structure shall be subject to the
approval of Railroad.
Grantee agrees to reimburse Railroad for the cost and expense to
R- iilroad of furnishinc any materials or performing any labor in connec-
tion with the construction, reconstruction, maintenance and removal of
said structure, including, but not limited to, the installation and
removal of such falsework and other protection beneath or along Railroad's
tracks, and the furnishing of such watchmen, flagmen and inspectors as
Railroad deems necessary.
7. In the event Railroad shall at any time so require, Grantee, at
Grantee's expense, shall reconstruct, alter, awiLpe.aoiagoe.aa.G�a ' ^""
?3vsr.o4.ww.i.�w�ne�rw or at- ereise improve said structure upon receipt
of written notice from Railroad so to do. •
Form C -1
July, 1982
8. Grantee shall, at its expense, comply with all applicable laws,
regulations, rules and orders, regardless of when they become or became
effective, including without limitation those relating to health, safety,
noise, environmental protection, waste disposal, and water and air
quality, and furnish satisfactory evidence of such compliance upon, re-
quest of Railroad.
Should any discharge, leakage, spillage, emission, or pollution of
any type occur upon or from the premises due to Grantee's use and occu-
pancy thereof, Grantee, at its excense, shall be obligated to clean
the premises to the satisfaction of Railroad and any governmental body
having jurisdiction thereover.
Grantee agrees to indemnify, hold harmless and defend Railroad against
all liability, cost and expense (including without limitation any fires,
penalties, judgments, litigation costs and attorney fees) incurred by
Railroad as a result of Grantee's breach of this section, or as a result
of anv such discharge, leakage, spillage, emission or pollution, reaard-
less of whether such liability, cost or expense arises during the life
of this indenture unless such liability, cost or expense is proximately
caused solely by the active negligence of Railroad.
9. As part consideration, Grantee agrees to pay Railroad an amount
• equal to any and all assessments which may be levied by order of any
authorized lawful body against the property of Railroad (and which may
have been paid by Railroad) to defray any part of the cost or expense
incurred in connection with the construction of said structure upon said
property commenced within one I1) year from the date first herein written.
10. Grantee, its agents and employees subject to provisions hereof,
shall have the privilege of entry on said property for the purpose of
constructing, reconstructing, maintaining and making necessary repairs
to said structure. Grantee agrees to give Railroad five (5) days' writ-
ten notice prior to commencement of any work on said structure, except
emergency repairs, in which event Grantee shall notify Railroad's author-
ized representative by phone. Grantee agrees to keep said property and
said structure in good and safe condition, free from waste, so far as
affected by Grantee's operations, to the satisfaction of Railroad. If
Grantee fails to keep said property and said structure in a good and safe
condition, free from waste, then Railroad may perform the necessary work
at the expense of Grantee, which expense Grantee agrees to pay to Railroad
upon, demand.
11. In the event any work upon or in connection with said structure
or its appurtenances, to be done upon or adjacent to the tracks and prop-
erty of Railroad, should be Let to a contractor by Grantee, such work
shall not be begun until such contractor shall have first entered into
an agreement with Railroad, satisfactory to Railroad, and indemnifying
Railroad from and against all claims, liability, cost and expense growing
19 out of the performance of the work to be. done by such contractor.
-3-
Form C -1
July, 1982
r1
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12. Insofar as it lawfully may, Grantee agrees to release and in-
demnify Railroad, its officers, employees, agents, successors and assigns,
from all claims, liability, cost and expense howsoever same may be
caused, including reasonable attorney fees, for loss of or damage to
property and for injuries to or death of persons arising out of the
construction, reconstruction, maintenance, presence, use or removal of
said structure, regardless of any negligence or alleged negligence on
the part of Railroad employees.
The word "Railroad," as used in this section, shall be construed
to include, in addition to Railroad, the successors, assigns and affili-
ated companies of Railroad and anv other railroad company that may be
STATE OF CALIFORNIA )
CITY AND COUNTY OF SAN FRANCISCO)
ON 1'NIS 7" )AY OF N�I NIA' "' f- 1983, BEFORE ME, CHRISTOPHER
M. LCNDIN (ONE EAZA), A A�8'fkY LZ(IN U`v kUR THE CITY AND COUNTY OF SAN
FRANCISCO, STATE OF CALIFORNIA, PERSONALLY APPEARED N. E. DIRKS, PERSONALLY KNOWN TO
ME (OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSON WHO
EXECUTED THE WITHIN INSTRUMENT, AS MANAGER, CONTRACT DEPARTMENT ON BEHALF OF THE
CORPORATION THEREIN NAMED AND ACKNOWLEDGED TO ME THAT THE CORPORATION EXECUTED IT,
CHRISTOPHER M. LUNDIN
NOTARY PUBLIC- CALIFORNIA
PRINCIPAL PUCE OF BUSINESS IN -
CITY AND COUNTY Or,
SAN FRANCISCO •
My Commission Expires Agit 8, 1983
Lee, ac its own eubc dnu expense, ayteeb w SeMiuve bdyu bey uu uuye
said property and restore said property as nearly as practicable to the
same state and condition in which it existed prior to the construction
of said structure. Should Grantee in such event fail, neglect or refuse
to remove said structure and restore said property, such removal and
restoration may be performed by Railroad, at the expense of Grantee,
which expense Grantee agrees to pay to Railroad upon demand, or Railroad
may, at its option, assume ownership of said structure.
14. This indenture shall inure to the benefit of and be binding
upon the successors and assigns of the parties hereto.
IN WITNESS WHEREOF, the parties hereto have caused these presents
to be executed in duplicate the day and year first herein written.
SOUTHERN PACIFIC TRANSPORTATION CITY OF RANCHO CUCAMONGA,
C0:•IPANY,
By _i. E &,
(Title) /,
11 1
Attest:
Assistant Secretary
By
Mayor
By
Clerk •
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. RESOLUTION NO. *
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING AN INDENTURE AGREEMENT
BETWEEN THE CITY AND THE SOUTHERN PACIFIC TRANSPORTATION
COMPANY FOR THE RIGHT TO CONSTRUCT AN EIGHTY -FOUR (84)
INCH STORM DRAIN PIPE BENEATH THE RAILROAD TRACKS WITHIN
THE VICTORIA PROJECT
WHEREAS, a storm drain structure is required to be installed beneath
the Southern Pacific Trnasportation Company Tracks, at or near Rancho
Cucamonga, County of San Bernardino, State of California, crossing the center
line of said tracks at Engineer's station 2290 +25, mile past 526.55.
WHEREAS, the City Council of the City of Rancho Cucamonga,
California, has for its consideration an Indenture Agreement between the
Southern Pacific Railroad Company and the City for the right to install said
storm drain structure at the above described location.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Rancho Cucamonga, California, that said Indenture Agreement be and the same is
hereby approved and the Mayor and City Clerk are hereby authorized to sign
same on behalf of the City of Rancho Cucamonga.
• PASSED, APPROVED, and ADOPTED this 4th day of May, 1983.
AYES:
NOES:
ABSENT:
Jon D. Mi els, Mayor
ATTEST:
Lauren M. Wasserman, City Clerk
0
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DATE:
TO:
FROM:
BY:
SUBJECT:
CITY OF RANCHO CUCAMONGA
STAFF REPORT
K�C! G� aiO�9
Cy 1A
May 4, 1983 II>
City Council and City Manager 1977
Lloyd B. Hubbs, City Engineer
John Martin, Assistant Civil Engineer
Acceptance of Street and Drainage Easements from Southern
California Edison Co.
Attached is a resolution of acceptance of easement for four parcels over
Edison property north of Base Line Road.
These parcels will have street and storm drain improvements installed on them
in conjunction with construction of the first phase development of Victoria
Planned Community.
The plans and tract maps were approved by the City in September, 1982. Since
that time, Edison prepared and has submitted the attached easement needed for
the first phase development.
There are yet remaining a number of items to complete prior to the ability to
develop. This easement satisfies one of the major items that was required.
RECOMMENDATION:
It is recommended that Council approve the attached resolution and authorize
the Mayor and City Clerk to sign the easement deed on behalf of the City.
Respectfully submitted,
L8H. JX: jaa
Attachments
0
Laos, 1car City of Rancho Cucamonga
ROAD AND STORM DRAIN EASEMENT
SOUTMERN CALIFORNIA EDISON COMPANY, a Corporation, here-
inafter called 'Grantor', does hereby grant to CITY OF RANCHO
CUCAMONGA, a municipal corporation, hereinafter called 'Grantee', an
easement for Roads and Storrs Drain purposes, in, on, under, over,
along and across that certain real property in the City of Rancho
Cucamonga, County of San Bernardino, State of California, described
a5 fO1l.wO:
PARCEL 1: (DRAINAGE)
That portion of Section 32, Township 1 North, Range 6
West, San Bernardino Base and Meridian described as follows:
Beginning at a point in the Westerly line of the East
half of the Northwest quarter of said Section 32, said point
being South 000 08' 38' West, 284.92 feet, measured along
said Westerly line, from the Northwest corner of the East half
of the Northwest quarter of said Section 32; thence North 690
04' 45' East, 353.37 feet to a point in the Easterly line at
the West half of the !Jest half of the East half of the North-
west quarter of said Section 32; thence along said Easterly
•
Q l'! line South 000 07' 46' West, 69.65 feet; thence south 690
04' 45' West, 353.39 feet to a point in said Westerly line;
thence North 000 08' 38' East, 69.66 feet along said Westerly
line the
to Point of Beginning.
Ti
PARCEL 2: (ROAD)
v That portion of Section 32, Township 1 north, Range 6
West, Sap Bernardino Base and Meridian, described as s f ollovs:
r� Beginning at a point in the Westerly line of the East
half of the Northwest quarter of said Section 32, said point
being North 000 08' 38' East, 1198.44 feet, measured along
f said Westerly line, from the southwest corner of the East half
= of the Northwest quarter of Section 32; thence continuing along
said Westerly line North 000 OB' 38' East, 60.00 feet; thence
South 890 52' 14' East, 330.07 feet to a point in the
Easterly line of the West half of the West half of the East
I... _.. half of the Northwest quarter of said Section 32; thence con-
tinuing along said Easterly line South 000 07' 46' East,
60.00 feet; thence North 890 52' 14' Nest, 330.08 feet to the
4R'JE POINT OF 06GINN,NG.
PARCEL 3; (ROAD)
That portion of Section 32, Township 1 North, Rango E
!lest, Sap Bernardino Base and Meridian, as (ol tows:
Bcginn Lb) at the Southwest corner of the East half of the
Ilor'hwpst quarter of card SOCtton 32: thence North 000 03'
30' Cast, 139.71 (let along the Westerly Line of the East half
of the Nur L1.wn : ;t quarter of "rd Scotto.. 32, thence South 890
14- East, 330.35 fool to a otm: in the Easterly line of
rl.e Wp t half Of the West Ldif of the hast half of the North -
west yrarter or said Seetron 32; thenc continuing alone) :;aid
Edo L "rly Line Gouth DC0 n7' 46' Wpct, 14B.GG [ept; tb,unce
North 89" 49' ost, 330.19 foot to ',he 2alut of Beginning.
Roads and Storm Drain Easement •
S.C.E.Co., a carp., to
City of Rancho Cucamonga
Serial No. 54880\
PARCEI 4: (ROAD)
That portion of Lots 7, 8 and 9, Orange Empire Acres, as
per map recorded in Book 20, page 1 of Maps, in the office of
the County Recorder of said County, lying within the Westerly
330.00 feet of the East half of the Southwest quarter of Sec-
tion 32, Township 1 North, Range 6 West, San Bernardino Base
and Meridian, described as follows:
Beginning at a point in the Westerly line of the East
half of the Southwest quarter of said Section 32, said point
being South 00° 08. 44' East, 891.82 feet, measured along said
Westerly line, from the Northwest corner of the East half of
the Southwest quarter of said Section 32; thence South 899 51'
16' East, 330.00 feet to a point in the Easterly line of the
Westerly 330 feet of the Bast half of the southwest quarter of
said Section 32; thence along said Easterly line south 000 08'
44' East, 60.00 feet; thence North 89° 51' 16' West, 330.00
feet to a point in said Westerly line; thence along said West-
erly line North 00° 06' 44' West, 60.00 feet to the point of
Beginning.
SVWECT TO covenants, conditions, restrictions, reserva-
tions, exceptions, encumbrances, rights, easements, leases and
licenses, affecting the above described real property or any
portion thereof, whether of record or not.
The foregoing grant is made subject to the following•
terms and conditions:
1. The said Easement is granted subject to the right of
Grantor to construct, maintain, use, operate, alter, add for repair,
replace, reconstructs enlarge and /or remove in, on, over, under,
through, along and across the above described real propertys elec-
tric transmission and distribution lines and communication lines,
together with supporting structures and appurtenances, for conveying
electric energy for light, heat, power and communication purposes,
and pipelines and appurtenances for the transportation of milt
petroleum, gas, water, or other substancess and conduits for any and
all purposes.
2. Grantor shall not erect or place at any future time
any of its facilities so as to unreasonably interfere with the
rights of Grantee created by this Easement grant.
3. The said Easement shall be exercised so a$ not to
endanger or interfere with the constructions maintenance, use, oper-
ation, presence, repair, replacement, relocation, reconstruction or
removal of such electric transmrss ion, distribution or communication
linos, pipelines, or other conduits.
4. Grantee agrees to hold harmless and indemnify
Grantor to the fullest extent to which it can legally do sot from
and against all claims, liens, encumbrances, actions, loss, damage,
expense and /or liability arising from or growing out of loss or
damage to property, including Grantor's own property, or injury to
or death of personst including employees of Grantor, resulting in
any momn�r whataneve , directly or indirectly, by reason of the
exercise of the rrgnts hereby granted; provided, however, that this
covenant :hall not apply in the.ne instances where !;uch chums,
liens, ancumbrances, actions, toss, damage, expense and /or liability
e.
ar caused by the solo active neglrgencv: of Grantor.
• Roads and Storm Drain Easement
S.C.E.Co., a Corp., no
City of Rancho Cucamonga
serial No. 54880A
5. Grantee agrees to nay to Grantor, upon demand, any
and all costs of relocation and /or construction of such electric
transmission, distribution and communication lines and supooa ing
structures, pipelines, and conduits which may be or become necessary
by reason of the exercise of the rights granted pursuant to this
Easement.
6. Grantee agrees that in the exercise of its rights
hereunder, its contractors, employees and other agents will maintain
a minimum clearance of 27 feet between their equipment and any and
all overhead electric conductors.
7. Grantor shall have full unobstructed access to its
facilities at all times and the right to clear, keep clea(, and
remove any and all obstructions of any kind at all tines.
S. Grantor reserves for itself the right to trim any
tree or trees which may grow in or on the above described real prop-
erty and which, in the opinion of Grantor, endanger or incerfere
with the proper operation or maintenance of said electric transmis-
sion, distribution and communication lines, to the extent necessary
to prevent any such interference or danger.
9. The above described real property is to be used only
for the purposes specified herein and in the event:
• (a) said real property is not so used;
(b) said real property shall be vacated as a Read and
storm Drain rights of way; e[
(c) the project for which this Easement is being granted
is abandoned,
-3-
the Easement shall thereupon, ipso facto, revert to and merge in the
interest of Grantor in the above described real property.
10. Upon termination or [eversion of the rights herein
granted, Grantee shall execute and deliver to Grantor, within sixty
(60) days after service of a written demand therefor, a good and
sufficient quitclaim deed to the rights herein given. Should Grantee
fail or refuse to deliver to Grantor a quitclaim deed, as oforesat d,
a written notice by Grantor reciting the failure or refusal of
Grantee to execute and deliver said quitclaim deed as herein pro-
vided and terminating this Easement shall, after ten (10) days from
the dace of recordation of said notice, be conclusive evidence
against Grantee and all persons claiming under Grantee of the termi-
nation or reversion of the rights herein given.
11. As a controlling pact of the consideration for the
execucien and delivery of this instrument by Grantor, the Easement
Is accented upon and subject to the express condition that the
improvement for which Ulm Eanenent le given, enatdle:s of the time
performed, and any other wort or improvement connected within two
from the Bain of recording of this Easement (which improvement
years
and ether work or im pro wmene are her- inaftec sumetames eolluctively
improv ,,m,n,j shall he one without any cost or expense
called " d
xhaLSoevar to Grantor, and that in the event a special assessment or
a ^. r.n ironic , ,r are lovmd by an nutboraxed lawful body against
the real nrnperty of r,rem.er far the imp[nvement, Grantee agrees
•.h the binding oL
char. If will reimmir. ^,e G[anr. or Ind i....,r
iii
;ny
tarn of :Ile JcaN ee to tern bur^e Grunt'I for ' full ;moon[ nl any
°real ru,nr rz m'nG:� ::n luv; wl for :.a I
end al: ;u ^h %P .;acs:;
lmprnvement am) paid by Grantor.
-3-
Roads and Storm Drain Easement •
S.C.E.Co., a core., to -.
City of Rancho Cucamonga
Serial No. 54880A
12. Also as a controlling part of the consideration for
the execution and delivery of this instrument by Grantor, Grantee
covenants, for itself, its successors and assigns, to construct and
maintain the improvement to be located on the above described real
property at its own expense.
ll. Grantee hereby recognizes Grantor's title and
interest in and to the above described real property and agrees
never to assail or resist Grantor's title or interest therein.
14. Any earth fill placed by Grantee within the bound-
aries of the above described real property shall have a relative
compaction density of ninety percent (909).
15. The rights hereby granted are not necessary or use-
ful in the performance of the duties of said Grantor to the public.
16. Parking of vehicles on the right of way will not be
permitted.
17. Grantee agrees to maintain the above described real
property in a condition satisfactory to Grantor.
18. Any underground facilities shall be capable of
supporting three -axle vehicles weighing up to forty (40) tons, and
shall be of such type of construction and material as to be
sufficient and safe for the purpose for which they are to be used.
19. The two year limitation contained in paragraph 110
above to the contrary notwithstanding. Grantee agrees that it will
reimburse Grantor for the full amount of any and all special access-
rent or assessments levied for curbs, driveways, sidewalks and /or
other improvements which nay at any time be installed at this loca-
tion, which special assessment or assessments have been paid by
Grantor.
20. Grantee agrees that all fencing and metallic strur-
tures installed within the above described real property shall be
adequately grounded.
21. The use of the neuter gender herein will, when
appropriate, be construed to mean either the masculine or feminine
gentler or both. Unless expressly provided elsewhere, herein to the
contrary, the terms, covenants and conditions of this Easement inure
to the benefit of and are binding upon the heirs, successors,
representatives and assigns of the parties hereto.
It' WITNESS WHEREOF, said Southern California Edison
Company has caused its corporate name and seal to be affixed hereto
and this instrument to he executed by the Manager of Right of Way
and La d a nd Assistapt Secretary, thn euoto duly authorized
this _ do,/ of 19a.
SD UTHERN CALIFORNIA EUIG Oti COMPANY
Fly
C. J. weclson, Jr
managnrnot
Right cf Way and Land
% •
Asaietant Secretary
-4-
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SoulAern Cs!llomie Edison Company SIM
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RANCHO CUCAMONGA.
L&I,ID C'CiCP%EEV IN VRNNAUr! EASEMENT To NEC-" Or FCAUCKO CUCAMONGA•
•
-F I r
•
.c.,
• RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING STREET AND DRAINAGE
EASEMENT OVER SOUTHERN CALIFORNIA EDISON COMPANY PROPERTY
NORTH OF BASE LINE ROAD (VICTORIA PLANNED COMMUNITY)
WHEREAS, the City Council of the City of Ranch Cucamonga, California
has for its consideration a "Road and Storm Drain Easement" prepared by the
Southern California Edison Company , a corporation; and
WHEREAS, said Easement is needed for the construction and maintenance
of streets and storm drain structures in, on, under, over and along real
property owned by said corporation; and
WHEREAS, said streets and storm drain structures are a vital and
functional part of the Victoria Planned Community in the City of Rancho
Cucamonga as approved by the City Council.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of
Rancho Cucamonga, that said "Road and Storm Drain Easement" be and the same,
is hereby approved and the Mayor is hereby authorized to sign said "Road and
Storm Drain Easement" on behalf of the City of Rancho Cucamonga, and the City
• Clerk to attest thereto.
PASSED, APPROVED, and ADOPTED this 4th day of May, 1983.
ATTEST:
0
AYES
NOES:
ABSENT:
Lauren M. 'Waserman, City C erT k
Jon Mikels, Mayor
��c,vnt e;
CITY OF KA{ \'CI fO C[_•CA,\IONGA titl
ENGINEERING DIVISION T dory "
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VICINITY AIAP \III P B
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CITY OF RANCHO CUCAMONGA ��cnnro
STAFF REPORT P
ro i�Z
DATE: May 4, 1903 977
TO: Members of the City Council and City Manager
FROM: Jack Lam, AICP, Director of Community Development
SUBJECT: PROPOSED AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY
AND THE CITY F RANCHO CUCAMONGA PROVIDING FOR THE
CITY'S IMPLEMENTATION OF THE DAY CREEK FACILITIES
PROJECT AND ESTABLISHING RDA FUNDING
Under the agreement between the RDA and San Bernardino County,
that portion of the increment attributable to the County's share
is to be used for the purposes of implementing the Day Creek flood
facilities project. With the structuring of the program for its
implementation it is now necessary to establish the proper funding
agreement so that the program may proceed. Enclosed in your packet
is a proposed agreement between the Redevelopment Agency and the
City of Rancho Cucamonga providing for the City of Rancho Cucamonga's
implementation of the Day Creek project through Redevelopment Agency
funding.
RECOMMENDATION:
Staff recommends that the RDA approve the agreement between the Re-
development Agency and the City of Rancho Cucamonga for the City
implementation and RDA financing of the Day Creek Capital Facilities
Project and establishing a RDA - Day Creek capital facilities account.
ly submitted,
.11
Community Development Director
JL:jk
Attach.
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I
CITY OF RANCHO CUCAMONGA
STAFF REPORT
DATE: May 4, 1983
TO: City Council and City Manager
FROM: Lloyd B. Hubbs, City Engineer
BY: Barbara Krall, Engineering Technician
SUBJECT: Vacation of the service road located on the south side of Foothill
Blvd. in connection with Parcel Map 6114 submitted by Vista
Investment
The vacation of the frontage road located on the south side of Foothill Blvd.
west of Ramona Avenue is required prior to recordation of Parcel Map 6114.
Vista Investment, developer of Parcel Map 6114, has requested additional time
to submit the map for final approval. Therefore, the public hearing scheduled
for the frontage road vacation should be continued until June 1, 1983.
RECOMMENDATION:
It is recommended that City Council continue the public hearing until June 1,
1983, at which time Parcel Map 6114 will be submitted for final approval.
i pl�
Attachment
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STAFF REPORTS ��,
mi
DATE: May 4, 1983
TO: Members of the City Council and City Manager
FROM: Rick Gomez, City Planner
BY: Michael Vairin, Senior Planner
SUBJECT: APPEAL OF PLANNING COMMISSION DECISION ON GENERAL PLAN
AMENDMENT 8Y-6r A - KANOKVECHAYANT - A request to amend
the General Plan Land Use Plan from Medium Density
Residential (4 -14 dwelling units per acre) to Medium -High
Residential (14 -24 dwelling units per acre) on
approximately 15.5 acres of land located at the northeast
corner of Base Line and Rochester Avenue - APN 227- 091 -45.
SUMMARY: The applicant has requested an amendment to the General Plan
to increase the allowable density for approximately 15 acres located on
the northeast corner of Base Line and Rochester Avenue. The Planning
Commission, at its meeting of February 23, 1983, held a public hearing
to consider such request and found that the request was not consistent
with the current land use policies of the General Plan and therefore
denied the amendment.
Attached is the Planning Commission staff report which fully outlines
the General Plan policies and goals which are applicable in this case.
Also attached is a copy of the Commission Resolution listing the
findings for denial and an excerpt of the Minutes for the meeting of
February 23, 1983. The Planning Commission's decision to deny the
request was based mainly on the fact that the increase in density would
not provide the proper transition of residential density in this area as
described in the General Plan Land Use Goals and Policies. The Planning
Commission felt that the present designation of 4 -14 dwelling units per
acre provided a proper transition from the lower density residential to
the west to the higher density residential to the east. Other than the
applicant, one other citizen spoke at the Planning Commission hearing
indicating that he was opposed to the change since there was no
immediate proposal for a project.
General Plan Amendment 83 -01 A /Kanokvechayant
City Council Agenda
April 6, 1983
Page 2
•
RECOMMENDATION: The Planning Commission recommends denial of this
request based upon the findings contained within their Resolution.
Resp2�ctf ly Submitted,
Ri �k G mez
City lanner
RG:MV:jr
Attachments: Planning Commission Staff Report - February 23, 1983
Planning Commission Resolution 83 -24
Planning Commission Minutes - February 23, 1983
•
7,7
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CITY ADW41S RCTIOMI
ApR 28 IM3 er
April 2 E, 10-11
'7!$i91�1ll1�j1i213j4i5j6
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Cl tv of 7anchn Cncamon -a
912n Bn sal ine Read
^nacho Cue neon an, California 91731
Att: Rick Gomez
gu; reral PLin Amcndmont ClA- Knnn'cvcchavanr.
/P. Corner Baseline 5 Roc'uestere
Deer `:r. come z,
• I was re cc n 1 retainod by the owner of the above
propu rty to do design wo rh relative Co the Cenercal
Plan Amondnent anpli cat ion that is now pendin,;. The
appl ieati nn is now schoCnled to be rece!ved by the City
C'i un c 1 1 on May 4. The o'dner would like to request a 30
c1sy time extension so chat I nay have adequate time to
cnnpila supporting, data for the Council's review. I
feel this extension is neces sarry to give the Cnunc it
ennugh time to revl e the data to make an iaf o rmrd
decision on the project.
Should you have any lines t ions please do not hest Cate to
col 1.
S nce re ly,
Ihomn v- d.` Davi s
°,!n: k.0
9
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owner
CITY OF RANCHO CUCAMONGA
STAFF REPORT
DATE: February 23, 1983 —
TO: Members of the Planning Commission
FROM: Rick Gomez, City Planner
BY: Michael Vairin, Senior Planner
SUBJECT: ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT 83-01A
- KANOKVECHA YANT - A request to amend the General Plan
Land Use Plan from Medium Residential (4 -14 dwelling
units /acre) to Medium -High Residential (14 -24 dwelling
units /acre) on approximately 15.5 acres of land located at
the northeast corner of Base Line Road and Rochester
Avenue - APN 221- 091 -45.
I. PROJECT AND SITE DESCRIPTION
A. Reguested Action: To change the General Plan Land Use
Map for the subject site from Medium
density (4 -14 du /ac) to Medium -High
density (14 -24 du /ac).
B. Purpose: No specific purpose was reported by
the applicant.
C. Location:
D. Size:
E. Existing Zoninn:
F. Existinq Land Use:
G. Existing Surrounding
Land Use d Zoninn
Northeast corner of Base Line and
Rochester (Exhibit "A ").
15.6 acres
M -1 (Limited Manufacturing)
Vacant, undeveloped
North - lumber yard, zoned M -1
South - single family homes, zoned R -1
East - vacant, zoned M -1
West - vacant, zoned Planned
Community (Victoria)
., r
General Plan Amen .nt B3- 01A /Kanokvechayant \
Planning
Commission Agenda
February
23, 1983
Page 2
•
H.
General Plan Project Site - Medium Residential
Designations: (4 -14 du /ac)
North - Medium Residential
(4 -14 du /ac)
South - Low Residential (2 -4 du /ac)
East - Medium Residential
(4 -14 du /ac)
West - Low Medium Residential
(4 -8 du /ac)
I.
Site Characteristics: Generally a flat site sloping gently
in a southerly direction; no structures; some low weeds and
grasses; curb and gutter existing along Rochester.
II. ANALYSIS:
A.
General: The analysis of an amendment to the land use plan
generally focuses upon surrounding land use compatibility,
General Plan land use goals and policies and potential
environmental impacts.
As shown in Exhibit "A ", the subject property is 15.6 acres.
larger area which is
However, this site is really part of a
•
bounded on the north by Southern Pacific Railroad and on the
east by Day Creek Wash. Any consideration of an amendment to
the subject site should also include a review of this entire
Planning area which encompasses approximately 32 acres.
This planning area is surrounded mainly by the planned
communities of Victoria and Terra Vista. Exhibit "8" displays
the land use designations of each planned community. Victoria
designates a Low - Medium density (4 -8 du /ac) to the north and
west. Terra Vista designates a Medium density (4 -14 du /ac) on
the southwest corner of Rochester and Base Line.
9
S. General Plan Land Use Goals & Policies: The General Plan
describes the Medium density category as providing a wide
range of living accommodations ranging from conventional
single family units to mobile homes and townhouses. Building
at the lower end of the range is appropriate adjacent to low
and very low residential areas. Development at the higher end
of the range is more suitable along transit routes and major
or secondary thoroughfares. The General Plan further states
that the Medium density category is used to serve as a
transition between lo:i density areas to areas of higher
density and areas of greater intensity which generate more
traffic and noise.
General Plan Amelent 83- 01A /Kanokvechayant
Planning Commission Agenda
February 23, 1983
Page 3 •
During the development of the General Plan, this planning area
was subject to much discussion. Originally, the area was
designated as Low - Medium (4 -8 du /ac). After further analysis
by the Commission and Council, it was decided that the Medium
range (4 -14 du /ac) would be more suitable for this area, as it
would provide a transition from the lower densities in the
planned communities west of this area and the existing
Rochester tract to the east toward the higher densities and
increased intensity between Day Creek Boulevard and Victoria
Parkway. The General Plan chacterizes the Medium -High range
for areas of major community facilities and employment
opportunities.
This planning area should provide a transition from lower
intensity uses to higher intensity uses while at the same time
allow for development at the higher end of the range as a
result of its location on a major thoroughfare.
C. Environmental Assessment: Part I of the Initial Study has
been completed by the applicant. Staff completed the
environmental checklist and found no significant adverse
environmental impacts as a result of the amendment. •
As always, increased densities as a result of development will
incrementally add to such things as increased traffic and
increased water runoff. However, these increases are not
viewed as significant adverse impacts as these increases are
within the capability of the projected street and flood
control facilities. The increased density, if built at the
highest density, would cause approximately 1,000 additional
vehicle trips per day beyond the current General Plan level.
Base Line will have an ultimate capacity of 43,000 trips per
day and Rochester 22,000 trips per day. At the current land
use levels, Base Line is currently projected to carry about
30,000 trips per day. Therefore, a 1,000 trip per day
increase is not impacting the capability of the street system
to handle the increased density.
Therefore, if the Commission chooses to recommend approval of
this amendment, it is recommended that issuance of a Negative
Declaration be recommended to the City Council.
III. FACTS FOR FINDINGS:
Following are the findings required to be made for approval of
this amendment.
A. The amendment does not conflict with the residential land use •
policies of the General Plan.
7J
4
General Plan Amendment 83- 01A /Kanokvechayant
Planning Commission Agenda
February 23, 1983
• Page 4
B. The amendment promotes the goals of the Land Use Element.
C. The amendment would not cause significant adverse impacts on
the environment.
0. The amendment would not be materially injurious or detrimental
to adjacent properties.
This amendment would not be materially detrimental to adjacent
properties or cause significant adverse environmental impacts as
listed in "C" and "D" above. The Commission should examine and
decide whether the amendment to a Medium -High density would
promote the land use goals and purposes of the General Plan.
IV. CORP.ESPONEDNCE:
This item has been advertised as a public hearing in The Daily
Report newspaper and notices were sent to property owners within
300 feet of the subject property.
V. RECOMMENDATION:
• It is recommended that the Planning Commission conduct a public
hearing and receive all public input on this matter. If the
Commission finds that the requested amendment is consistent with
General Plan goals and policies, a recommendation of approval to
the City Council would be appropriate. If these findings cannot
be met to the Commission's satisfaction, a recommendation of
denial to the City Council would be appropriate.
Resdectfully 3ybmitted,
Rick G mez
City P anner
RG:MV:jr
i
Attachments: Exhibit "A" - Site Map
Exhibit 9" - Planned Communty Designations
Exhibit "C" - General Plan Designations
Part I, Initial Study
Resolution of Approval
Resolution of Denial
0
77
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Figure III -1
LAND USE PLAN
RESIDENTIAL
VERY LOW <z DU'SAC
L: J LOW za DU'''AC
_ - -_I LOW- MEDIUM 4- 8W. /kC
- ] MEDIUM 4 1 Du'.. AC
C-7 MEDIUM-HIGH 1 <24 DU'VAC
HIGH 7430 DU's'AG
U MASTER PLAN REQUIRED
COMMERCIAL /OFFICE
W Ca COMMERCIAL
C 71 COMMUNITY COMMERCIAL
i. • I NEIGHBORFOOD COMM.
REGIONAL COMMERCIAL
f37::5 OFFICE
INDUSTRIAL
L. - -I INDUSTRIAL PARK
L'.:7 GENERAL INDUSTRIAL GENERAL
RAIL SERVED INDUSTRIAL/
Wlzm HEAVY INDUSTRIAL
OPEN SPACE
L_.7 HILLSIDE RESIDENTIAL
C -- I OPEN SPACE
L FLOOD CONTRODUTILITY COED
SPECIAL BOULEVARD
PUBLIC FACILITIES
,E,.; EXISTING SCHOOLS r�
Lrp; PROPOSED SCHOOLS'
I- PARKS'IExISTwG GAFFS SHOWN P)
I • 7 CIVIGCOMMUNITY
CITY OF RANCHO CUCAMONGA
GENERAL PLAN
E
l �
RESOLUTION NO. 83 -24
A RESOLUTION OF THE PLANNING COPIMISSIOjN OF THE CITY OF
RANCHO CUCAMONGA, . CALIFORNIA DENYING GENERAL PLAN
AMENDMENT 83 -01A TO AMEND THE NORTHEAST CORNER OF BASE
LINE AND ROCHESTER, APPROXIMATELY 32 ACRES, FROM MEDIUM
DENSITY RESIDENTIAL (4 -14 DU /AC) TO MEDIUM -HIGH DENSITY
(14 -24 DU /AC)
WHEREAS, the Planning Commission has held a public hearing to
consider said amendment; and
WHEREAS, the Planning Commission has considered both the pro and con
issues of said amendment,
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission denies
General Plan Amendment 83 -01A based on the following findings:
A. The amendment does not Conform with the residential
land use policies of the General Plan.
B. The amendment does not promote the goals of the Land
• Use Element.
APPROVED AND ADOPTED THIS 23RD DAY OF FEBRUARY, 1983.
P LANNI NC CM *, jISSION 07. HE CITY OF RANCHO CGCaAONGA
BY: /N _
Jef r ngy Chdirman
i
ATT T: ! (
Secretary of the Planning Commission
I, JACK LAM, Secretary of the Planning Commission of the City of Rancho
Cucamonga, do hereby certify that the foregoing Resolution was duly and
regularly introduced, passed, and adopted by the Planning Commission of the
City of Rancho Cucamonga, at a regular meetino of the Planning Commission held
on the 23rd day of February, 1983, by the following vote -to -wit:
AYES: COMMISSIONERS: MCNIEL, BARKER, REXPEL, STOUT, KING
NOES: COMMISSIONERS: NOIIE
49 ABSENT: COM'•IISSIONERS: NONE
C�
Excerpt from Planning Commission Minutes - February 23, 1983 •
* N X ♦ #
I. ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT 83 -OIA -
KANOKVECHAYANT - A request to amend the General Plan Land Use Plan from
Medium Residential (4 -14 dwelling units /acre) to Medium -High Residential
(14 -24 dwelling units /acre) on approximately 15.5 acres of lard located at
the northeast corner of Base Line Road and Rochester Avenue - APN
227- 091 -45. (Continued from Planning Commission meeting of
January 26, 1983).
Michael Vairin, Senior Planner, reviewed the report to the Commission.
Chairman King opened the public hearing.
Dr. Raveewan Kanokvechayant, applicant, addressed the Commission thanking the
City staff for helping her prepare the application a General Plan amendment
from Medium Residential to Medium -High Residential. She stated that this
density only appears in the planned communities areas and that she had been
contacted by a developer who was interested in her property, but the property
did not carry a high enough density for her to sell it. Also, she did not
feel that a problem would be created in this amendment. Dr. Kanokvechayant
stated that she objected to a staff report statement that indicated that the
entire 36 acres needed to be considered in the amendment of this property
because her property is a different situation since her property is bounded by
two major streets, Base Line and Rochester, which could carry more traffic and •
this traffic would not affect the Rochester tract.
Don Baer, Etiwanda resident, addressed the Commission in opposition to the
rezoning of this property. Mr. Baer stated that this property was the subject
of lengthy debate during the General Plan hearings. Further, that he realized
that densities would change and was not against change as long as there is a
good plan; however, there doesn't seem to be a plan for this property as of
now and that raising the density of the property without knowing what is going
to be built there would be contrary to the planning the City has spent the
last five years doing.
Dr. Kanokvechayant addressed the Commission stating that she is not a
developer or builder and cannot afford to bring a plan before the City. She
further stated that she would make sure that a good plan for the property was
submitted to the City. Also, that one plan she had been working on was
similar to the project on Grove Avenue and 8th with a parking lot underneath;
however, was not financially able to complete these plans.
There were no further comments and the public hearing was closed.
Commissioner MCNiel atated that he is of the opinion that the density is at
maximum now and it is out of reason to rezone it a higher density.
Chairman King stated that this specific parcel of property was discussed at
length at the General Plan hearings and that everyone basically felt that Day •
Creek was the more centrally located and more mass- transit oriented roadway
and therefore the higher density should be placed along that major arterial.
Further, that this piece of property has the highest density of any property
G.
• west of Day Creek over to Haven north of Base Line and up to the Foothill
Freeway and the reason it has the present density is because of its location
with regard to Base Line and Rochester. It was felt that this piece of
property was a good piece of property to have this higher density on.
Further, to raise the density any higher would be against much of the
discussion at the General Plan hearings and that good planning calls for the
density that presently exists.
F- I
L
Commissioner Rempel stated that the comment made by Mr. Baer is applicable in
this case and that a plan really has to come first.
There were no further comments and Chairman King called for the motion.
Motion: Moved by Mc Niel, seconded by Barker, unanimously carried, to adopt
Resolution 83 -24 to deny General Plan Amendment 83 -01A.
AYES: COMMISSIONERS: Mc Niel, Barker, Rempel, Stout, King
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None - carried-
ORDINANCE NO, 2Ca
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, REZONING A PORTION OF ASSESSOR'S
PARCEL NUMBERS 208- 011 -02 AND 04, FURTHER DESCRIBED AS
PARCEL 3 OF PARCEL MAP 6395, LOCATED SOUTH OF BASE LINE,
ON THE WEST SIDE OF HELLMAN AVENUE, FROM R -3 TO R -3 /P0,
FOR TENTATIVE TRACT 12362
The City Council of the City of Rancho Cucamonga, California, does
ordain as follows:
SECTION 1: The City Council hereby finds and determines the
following:
A. That the Planning Commission of the City of Rancho
Cucamonga, following a public hearing held in the
time and manner prescribed by law, recommends the
rezoning of the property hereinafter described, and
this City Council has held a public hearing in the
time and manner prescribed by law as duly heard and
considered said recommendation.
• B. That this rezoning is consistent with the General
Plan of the City of Rancho Cucamonga.
C. This rezoning will have no significant environmental
impact as provided in the Negative Declaration filed
herein,
SECTION 2: The following described real property is hereby rezoned
in the manner stated, and the zoning map is hereby amended accordingly.
Assessor's Parcel Numbers 208- 011 -02 and 04, a portion
thereof, further described as Parcel 3 of Parcel Map
6395, approximately 6.4 acres in size and located south
of Base Line, on the west side of Hellman Avenue, is
hereby changed from R -3 (Multiple Family Residential) to
R -3 /PD (Multiple Family Residential /Planned Development).
PASSED, APPROVED, and ADOPTED this 20th day of April, MD.
AYES:
NOES:
ABSENT:
is _
Jun D. MikelS, Mayor
�U
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•
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CITY OF RANCHO CUCAMONGA '1i
STAFF REPORT °`��
DATE: May 4, 1983
TO: City Council and City Manager
FROM: Lloyd B. Hubbs, City Engineer
BY: Barbara Kral], Engineering Technician
SUBJECT: Public Hearing to Approve Granting of Easements Across 8th Street
for Railroad Spur Purposes in Connection with Parcel Map 7555
R. C. Associates has requested that the City grant two (2) railroad easements
across Sth Street to provide for railroad spur lines from the Atchison, Topeka
and Santa Fe Railroad track to serve their property to the south. This rail
service will be needed in the near future.
These 30 foot wide easements as shown on the attached map and described in the
attached legal descriptions will be reserved for railroad spur use when 8th
Street is abandoned. The abandonment procedures for 8th Street are being
delayed due to difficulties in defining utility easements to be reserved.
RECOMMENDATION:
It is recommended that City Council adopt the attached resolution granting the
above described easements.
Respectfully submif�.�ed,
/LBH�jK�' as
Attachment
�'5
. RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, GRANTING TWO EASEMENTS ACROSS 8TH
STREET FOR RAILROAD SPUR PURPOSES
WHEREAS, the City Council of the City of Rancho Cucamonga,
California, hereby elects to proceed under Government Code Section 37357; and
WHEREAS, the City Council hereby grants easements across 8th Street
for use as a railroad spur track, a legal description of which is attached and
marked Exhibit "A ", along with a map marked Exhibit "B ", and by reference made
a part of.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Rancho Cucamonga, grants easements across 8th Street for use as a railroad
spur to the owners of property described by Parcel Map 7555 and authorizes the
Mayor and City Clerk to sign the easement deeds.
PASSED, APPROVED, and ADOPTED this 4th day of May, 1983.
AYES:
NOES:
• ABSENT:
E
Jon D. Mikels, Mayor
ATTEST:
Lauren M. Wasserman, City Clerk
•
EXHIBIT "A"
EASEMENT DESCRIPTION
A strip of land 30.00 feet in width in the City of Rancho Cucamonga,
County of San Bernardino, State of California, the centerline of said
strip being described as follows:
Beginning at a point in the north line of Parcel 1 of Parcel flap
No. 7555 as shown on a map filed in Book 77, Pages 42 through 43 of
Parcel Maps, records of said County, said point being distant thereon
S 88 003'10" W, 244.74 feet from the northeast corner of Parcel 1 of
said Parcel Map No. 7555, said point also being on a curve concave
southerly having a radius of 478.339 feet, a radial of said curve to •
said point bears N 30 °57'31" E; thence, westerly along said curve through
a central angle of 17 °42'06" an arc distance of 147.78 feet to the south-
erly line of the A.T. 8 S.F. Railway right of way (100 feet wide) as
r
said right of way is shown on said Parcel Map No. 7555.
The sidelines of said strip to be lengthened or shortened to ter-
minate easterly in the northerly line of Parcel 1 of said Parcel Nap
No. 7555 and to terminate westerly in said southerly line of said
A.T. 8 S.F. Railway right of way.
All as shown on Exhibit "B" attached hereto and made a part hereof.
Prepared under the supervision of:
Jo ph D. Hyde, r.
R.C.E. No. 12491 •
G G
EXHIBIT B N.E COR. PCL.1
so
z?'
POINT OF
SCALE 1 "_ 40'
A
ry Q
V
C_
J
c H of
V �D
)M M ENCE MEN T
SPM. >,555�2
LL
lJ2 vNj
J �
l
J
za
�N 72'3910W
32.06'
+' &AO 43' 04"
R =602.65'
L = 7. 55'
P
4 Yti
Q' Q
EASEMENT DESCRIPTION
•
A strip of land 30.00 feet in width in the City of Rancho Cuca-
monga, County of San Bernardino, State of California, the centerline of
said strip being described as follows:
Commencing at a point in the east boundary line of Parcel 1 of
Parcel Map No. 7555 as shown on a map filed in Book 77, Pages 42 through
43 of Parcel Maps, records of said County, distant thereon S 0 022'01" E,
40.015 feet from the northeast corner of said Parcel 1, said point being
on a line 40.00 feet southerly of and parallel with the north line of
said Parcel 1; thence, S 88 °03'10" W, 32.87 feet to the beginning of a
curve concave northerly having a radius of 478.339 feet; thence westerly
,along said curve through a central angle of 19 °11'40 ", an arc distance
of 161.08 feet; thence, N 72 039'10" W, 32.06 feet to the beginning of a
curve concave northerly having a radius of 602.65•feet; thence, westerly
along said curve through a central angle of 0 °43'04" an arc distance of
7.55 feet to a point in the north line of said Parcel 1, said point •
being the True Point of Beginning, a radial of said curve to said point
bears S 18 003'54" W; thence continuing along said curve through a cen-
tral angle of 6 026'06" an arc distance of 67.68 -feet to the beginning
of a reverse curve concave southerly having a radius of 478.339 feet, a
radial of said curve to said point bears N 24 °30'00" E; thence, westerly
along said last mentioned curve through a central angle of I1 014'35" an
arc distance of 93.86 feet to the southerly line of the A.T. 8 S.F.
Railway right of way (100 feet wide) as said right of way is shown on
said Parcel Map No. 7555.
The sidelines of said strip to be lengthened or shortened to ter-
minate easterly in the northerly line of Parcel 1 of said Parcel Map No.
7555 and to terminate westerly in said southerly line of said A.T. 8
S.F. Railway right of way.
All as shown on Exhibit "B" attached hereto and made a part hereof. •
JJPffr33e ared under the supervision of:
�� uoteph �y JiJr.
i
EXHIBIT B
SCA LE 1 "= 4 0'
SLY, LINE
A. T. L S.F. R.
R/W
NLY. LINE
A .T Z S.F. R. R.
R / W
a
c? I I
N E.COR,
PC L. 1
\ELY. LINE PC L.1
P. M., 7555
I�
I°
,r,_NLY. LINE PCL.1
F.M. 7555
3
o_
m
O
POINT OF
BEGINNING
3A /S. RNO�•
1% pry
Q, Q
l
0
•
12
CITY OF RANCHO CUCAMONGA
STAFF REPORT
DATE: May 4, 1983
TO: Members of the City Council and City Manager
FROM: Rick Gomez, City Planner
BY: Rick Marks, Associate Planner
SUBJECT: SENIOR HOUSING OVERLAY DISTRICT: DRAFT GENERAL
DEVELOPMENT AGREEMENT
ABSTRACT: This report contains a draft Development Agreement to be used
in conjunction with senior citizen housing projects developed under the
provisions of the Senior Housing Overlay District.
BACKGROUND: The Planning Commission and City Council have recently been
involved in creating an overlay district containing development
incentives designed to stimulate the production of affordable senior
citizen oriented housing for low- and moderate- income senior citizens.
One of the key City concerns has been the long -term problem of ensuring
that all units developed under the provisions of the Senior Housing
Overlay District remain available and affordable to the intended
occupants. Development Agreements provide a vehicle by which the City
can meet this concern in a simple and legally enforceable manner.
Draft Development Agreement: The attached Development Agreement has
been drafted by the City Attorney and Planning staff in order to
demonstrate to the City Council the basic contents of such an
agreement. In preparing the draft agreement it was intended by staff
that certain provisions would run uniform throughout all Development
Agreements entered into by the City. Those sections of the draft
Development Agreement especially pertinent to a particular project are
indicated by "blanks" which would be filled in by the staff at the time
an applicant applies for assistance from the City. Development
Agreements will be processed along with projects and brought to the
Planning Commission and City Council for review and approval.
On April 13, 1983, the Planning Commission reviewed the draft general
Development Agreement and approved it with two changes.
H. GENERAL DEVELOPMENT AGREEMENT FOR SENIOR HOUSING OVERLAY DISTRICT •
Rick Marks, Associate Planner, reviewed the staff report.
Vice- chairman Stout opened the public hearing. There were no comments,
therefore the public hearing was closed.
Vice - chairman Stout stated that he would suggest that paragraph 12 a under
"Target Population" on page 4 have the words "the head of household" stricken
so that it would read that either spouse would have to be fifty -five years or
older.
Jack Lam asked if the problem was with the term "head of household ".
Commissioner Stout replied that the term "head of household" has both
traditional and legal meanings and that if the husband was 53 and the wife 55,
they should also be eligible.
Ted Hopson, Assistant City Attorney, stated that the target population wording
is from HUD Section 8 language; however, he did not see a problem with
rewording this section so that either spouse could be 55 or older.
Vice - chairman Stout referred to the second paragraph on page 5 dealing with
rent increases and asked if the notification requirement included the City.
Rick Marks replied that it did not.
Vice - chairman Stout suggested that this be required because the City would •
more than likely receive complaints from tenants when rents are increased and
would at least be well informed.
Mr. Hopson stated that there is an annual review process and the question is
how intrusive the City should be in the operation conducted by the property
owner. The argument was presented that if income levels increase in the
County shifted every six months, it would be appropriate at that time to raise
rents. Staff felt that it would be justifiable for the City to rely on the
good faith effort of the property owner to adjust their rents accordingly, and
that during the annual review the City would learn of all rent increases.
Vice-chairman
notifiedhby the w landlord that rntsowerevbeing� increased
than to hear it from the residents. Further, that language should be included
in paragraph 13 of page 4 to require that the City be notified of rent
increases for the units for which a project was given some type of density
bonus or fee waiver because the City has given them something and should see
what it is getting in return. Further, that he was not interested in the
market rate apartments, only those units occupied by senior citizens whether
they are target population or not.
•
0
Commissioner McNiel stated that he agreed with Vice - chairman Stout and felt
that it would be of benefit to the landlord if he notified the City of his
intention to increase rents.
There was further discussion on this topic with the decision being that this
recommendation would be made to the City Council.
Vice - chairman Stout referred to the termination and eviction requirements on
page 7 and asked if they complied with California law.
Mr. Hopson replied that "a ", "b ", and "c" comply with California law, however,
"d" ties in with the target population income restrictions. He further
explained that the final paragraph of section 18 is less restrictive than HUD
Section 8 and more restrictive than California state law.
Motion: Moved by McNiel, seconded by Juarez, unanimously carried to adopt the
Resolution recommending approval of the General Development Agreement with the
omission of the "head of household" reference in Section 12 (a) and insertion
of "either spouse ", and the requirement under paragraph 13 that the City as
well as the tenants be formally notifed of rent increases.
49
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
McNiel, Juarez, Stout
None
Barkar, Rempel
I
- carried-
AYES:
NOES:
•
ABSENT:
49
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
McNiel, Juarez, Stout
None
Barkar, Rempel
I
- carried-
C
A
L
CPI'Y OF RANCHO CUCAMONGA
STAFF REPORT
DATE: April 6, 1983
TO: Members of the City Council and City Manager
FROM: Rick Gomez, City Planner
BY: Rick Marks, Associate Planner
q1%101.
N+I-
SUL"T: SAMPLE DEVELOPMENT AGREE'ENT: FOR INFORMATION 0'1L° 90
ACT IU,4 RE00IRED
ABST?ACT: This informational report contains a simile Development
Agreement which is to be approved by the City Council in conjunction
with senior citizen housing projects developed under the provisions of
the Senior Overlay District. Attached also for Council review is a
project cost analysis (pro forma) submitted by Calmark Oevelooment
Corporation for their senior's Heritaoe Park Project. This cost
analysis.vill be used in shaping a Development Agreement between the
City and Calr..are,
BACY.GROU'ID: On 'larch 2, 1983, the City Council reviewed Zoning
Oro:nance .vnendient 83 -02 creating a Senior Housing Overlay District in
the City. The Council did not take action on the Amenoment and
instructed staff to prepare supplemental information relative to the new
Overlay District including a draft Development Agreement. Staff was
further instructed to bring the supplemental information to the City
Council on April 6, 1983 for its review and approval.
Development Agreements - Points of Authority:
The California Government Code (Sections 65864- 65369.5) allows cities to
enter into agreements with developers, the contents of wnich shall
specify the duration of the agreement, the permitted uses of the
property, the density or intensity of use, the maximum heignt and size
of proposed buildings, and provisions for reservation or dedication of
land For public purposes, The Government Code further provides that a
development agree -ent shall be enforceable by any part thereto.
Relationship to Senior Housing Overlay District:
One of the ley concern, that the City has regarding the Overlay District
is that of irrupting the long -term availaoility of the units for the
target an oul a•,nn inn :nsurinn that rents charged are affordable to that
pop'wlat'un grn.;p. Da•, „I,; p-,ent Agreements, pro•nde a vehule by .vnich
the City ran the orom¢tihn of affnrdahle senior citizen oriented
housing attrlct.iv•> to the pri,wate sector wnile protecting the long -r.erj
availability and affor,:in4 lity Of the units produced as •vell as insuring
compliance with othar city r�q;wrr ^ments,
4
Samoie CeveioG72nt e!rent
April 6, 1933
Page 2
The Development Agreement, as drafted by staff and reviewed by tte
Council, will form the basis of future agreements entered into by t
City and developers not senior housing units in the Senior Ho a s1np
Overlay District.
Sample Develop -ent Agreement: The attached sample Developme=nt Agreement
has peen drafted by the City Attorney and Planning staff in order to
demonstrate to the City Council the basic contents of such an agreement
and to seek feedback from the Council. In preparing the sample agreeant
it was intended by staff that certain provisions would run uniform
throughout all Develooment Agreements entered into by the City. Those
sections of the sample Development ,Agreement especially pertinent to a
particular project basis are indicated by "blanks" which would be filled
in by the staff at the time an applicant applies for assistance from the
City.
Cal-oar'< Cost Analvsis (oro formal for Heritane Park Project: Attached
To rerevie.r is toe cost analysis ana request for City assistance
( develooment incentives) prepared by Calmark. This item is included in
order to sho.v the City Council how the cost analysis and request for
• assistance will be integrated with the proposed basic Developme=nt
Aoroe -gent. City staff will use the cost analysis and request as a basis
for negotiating vita the project develooer (in this case Calmark),
drafting a Development Agreement and making recoc.mendat ions to the City
Council. it is anticipated that all Development Agreements entarea intn
under the prow ons of the Senior Housing Overlay District will be
shaped in this manner.
Next Steos: Based on City Council direction, staff will use the sample
Development Agreement and information submitted by Calmark to draft a
Develooment Agreement for the proposed Heritage ?ark Project and send it
to the Council for its review and approval.
No ACTION REOUNED
Resaect`p lly,;udj iitied,
R IC'6 Gtrnez
Clty 7gannnr
(
RG:RP1;jr
d tta Gnnent; ' ,no 1'' 5 i v•, 1,;r; 7 ^nt Agreement
Calmar''< Analysis
Calm.tr< ?,M;i..st for Assist;rcc
DEVELOPMENT AGREEMENT •
THIS AGREEMENT is entered into this _ day of ,
198 between
(" Property Owner") and the CITY OF RANCHO CUCAMONGA, a
municipal corporation organized and existing under the laws
of the State of California ( "City ").
RECITALS
This Agreement is predicated upon the following facts:
1. Government Code section 65864- 65895.5 authorizes
the City to enter into binding development agreements with
persons having legal or equitable interests in real property
for the development of such property.
2. Under section 65865, the City has adopted rules
and regulations establishing procedures, requirements and
administrative guidelines for consideration of development
agreements.
3. Property Owner has requested City to consider
entering into a development agreement and proceedings have
been taken in accordance with City's rules and regulations. •
4, City has found that the development agreement is
consistent with the General Plan.
5. On 19_, City adopted
approving the development agreement with Property Owner and
said action was effective on , 19_.
NOW, THEREFORE, the parties hereto agree as follows:
1. Definitions. In this Agreement, unless the
context otherwise requires, the following terms shall have
the following meaning:
a. "City" is the City of Rancho Cucamonga.
b. "Project" is the development approved by
City, described further in par -raph 8 hereinbelow.
C. "Property Owner" is
and includes all o its successors in
interest and assigns.
d. "Real property" is the real property
referred to in paragraph 3 hereinbelow.
•
1
F7
0
e. "Senior Housing Overlay District" is the
zoning category created by City Ordinance No. __ adopted
19
f. "Target population" is the primary group
of occupants, residents and tenants occupying any and all
units or apartments in the Project as further defined in the
senior Housing Overlay District.
2. Recitals. The recitals are part of the agreement
between the parties and shall be enforced and enforceable as
any other provision of this Agreement.
3. Description of Real Property. The real property
which is the subject of this Agreement is described more
fully in Exhibit "A" attached hereto and incorporated herein
by reference.
4. Interest of Property Owner. Property Owner repre-
sents that it has full legal title to the real property,
that it has full legal right to enter into this Agreement,
that there is no other person or entity which has anv other
interest in fee ownership to the real property, and that all
• other persons and entities who may hold legal or equitable
interests in the property agree to be and are bound by this
Agreement. If there are any holders of deeds of trust on
the real property which may be senior to the lien of this
Development Agreement, the holders of such deeds of trust
have assented to the terms of this Development Agreement in
writing and agree to be bound by the provisions hereof.
5. Bi c
nding El of Agreement The burdens of this
Agreement shall run with the real property and shall bind,
and the benefits of this Agreement shall inure to, the
successors in interest and assigns of the parties to it.
5. Relationship of Parties It is understood that
the contractual relationship between City and Property Owner
is such that Property Owner is an independent contractor and
is not the agent of City for any purpose whatsoever.
7, Citv's Anoroval Proceedings for Project. On
19_, City approved
On
19_, the City adopted a zoning designation
of "Senior Housing Overlay District" for the real property.
The record of the applications by Property Owner, pro-
ceedings before the Planning Commission and the City Council
of City on file in the office of City and all Of the files
and records in these matters are incorporated herein in full
by this reference as though set forth in full. Property
Owner proposes to construct apartment units, recrea-
tional and common area facilities, and _ parking spaces
and other amenities on the subject property, all as are set
forth more fully in the site plan for Planned Development
( "Site Plan ") submitted by Property Owner and approved
Sy City, a copy of which is attached hereto as Exhibit "B"
and incorporated herein by reference. The Site Plan in-
cludes various conditions of approval which are not changed,
altered or modified by this Development Agreement unless
specifically set forth herein.
8. Changes in Project. No change, modification,
revision or — alteration may be made in the site plan without
review and approval by City.
9. Term of Agreement. The term of this Agreement
shall commence on the effective date set forth hereinabove,
regardless of the date of execution hereof, and shall
continue for _ years, subject to the annual review
described in paragraph 15 hereinbelow.
I*
10. Time for Construction. Property Owner agrees to
begin construction of the Project within days
after the effective date of this Agreement and to diligently
prosecute to completion the construction of the Project. It •
is anticipated that Property Owner will complete the Project
within days after the date actual construction
begins. Property Owner shall make reports of the progress
of construction in such detail and at such time as the City
may reasonably request.
11. Restrictions on Rental Units. Except as set forth
hereinbelow, all tenants, occupants and residents of each
and every apartment or unit in the Project shall meet the
criteria set forth in paragraph 12(a) and (b) below.
Property Owner shall restrict the availability and occupancy
of all rental units or apartment units in the Project pri-
marily to the Target Population as described more fully
below. The "primary resident population" of the Project
which must be reserved for and occupied by the Target Popu-
lation shall be % of the units or apartments. Property
Owner shall use its best efforts to make the entire Project
available to the Target Population. Apartments reserved for
the primary resident population of the Target Population may
not be rented, occupied, leased or subleased to tenants or
occupants who are not in the Target Population without the
City's prior written consent, except as set forth below. A
person or persons not a member of the Target Population may
occupy an apartment of those apartments reserved for the
Target Population if they occupy the unit with a resident •
occupant who is within the Target Population and:
�i j
13. Rents and Rent Adjustments. The Property Owner
shall establish an maintain a� ordable base rents and
utility allowances for all apartment units subject to the
restrictions of paragraph 11 in the Project. For the pur-
poses of this provision, rent shall include both the amount
charged for occupancy of an apartment and any utilitv
allowances if utilities are not separately metered. If
utilities are separately metered, they will not be
considered in the base rent.
Rents for anartments subject to the
restrictions of paragraph ll may not exceed amounts
consistent with the following base rent formula;
Rents charged will be affordable to
individuals or couples earning
equal to or less than eighty per -
cent (903) of the current County of
San Bernardino median income as
4
a, then, only in an emergency, and for so
long as the state of emergency exists;
b. on a temporary basis, not to exceed
three (3) months out of any calendar year (grandchildren,
blood relatives); and
C. medical support personnel or private
nurses for resident occupants within the Target Population.
12. Target_POnulat ion. Tenants, residents or
occupants in the units reserved in accordance with paragraph
11 in the Project shall meet the following criteria:
a. For tenants, residents, or occupants who
are married to each other, either spouse shall be fifty -five
(55) years of age or older.
b. For individuals who are not married,
each individual shall be fifty -five (55) years of age or
older.
C. In addition to the age restrictions set
•
forth in subparagraphs a and b above, any individual or
married couple who wish to occupy or reside in the Project
shall have and maintain an annual income from all sources
equal to or less than eighty percent (808) of the median
income for persons or couples within the County of San
Bernardino as currently defined by the Federal Department of
Housing and Urban Development.
13. Rents and Rent Adjustments. The Property Owner
shall establish an maintain a� ordable base rents and
utility allowances for all apartment units subject to the
restrictions of paragraph 11 in the Project. For the pur-
poses of this provision, rent shall include both the amount
charged for occupancy of an apartment and any utilitv
allowances if utilities are not separately metered. If
utilities are separately metered, they will not be
considered in the base rent.
Rents for anartments subject to the
restrictions of paragraph ll may not exceed amounts
consistent with the following base rent formula;
Rents charged will be affordable to
individuals or couples earning
equal to or less than eighty per -
cent (903) of the current County of
San Bernardino median income as
4
determined by the Federal Depart- •
ment of Housing and Urban Develop-
ment, which rent shall also on an
annualized basis be equal to or
less than thirty percent (308) of
the eighty percent (808) of the
current median income.
For purposes of this section, rents charged for
all one (1) bedroom units shall be subject to computation
based upon eighty percent (808) of the median income for a
two (2) person household. Rents charged for all two (2)
bedroom units shall be subject to computation based upon
eighty percent (808) of the median income for all households
(4 or more persons).
In the event that rents are increased, a minimum
of thirty (30) days' written notice of any rent increase
shall he provided to the City and to all affected tenants.
Notwithstanding the foregoing, Property Owner
shall use its best efforts to charge affordable rent for all
units within the Project in addition to those subject to
paragraph 11 above.
14. Maintenance of Apartments as Rentals. During the •
term hereof and such extensions as may be agreed to, all
apartments in the Project shall remain rental units. No
apartment in the Project shall be eligible for conversion
from rental units to condominiums, townhouses or any other
common interest subdivision in which some fee ownership in
the apartment would be granted to a person or entity other
than the Property Owner or in which ownership of the Project
would be transferred to a corporation or other entity which
would then sell stock or some other cooperative ownership
interest to a prospective owner or occupant of an apartment
or dwelling unit.
15. Annual Review. The Property Owner shall file with
City an annual report containing information specified
herein for the preceding calendar year. Said annual reports
shall be filed with the City no later than March 15 fol-
lowing the previous calendar year. The report shall contain
such information as City may then require, including, but
not limited to, the following:
(a) rent schedules then in effect; utility
charges (if any);
(b) Project occupancy profile including age,
income characteristics of residents, number of automobiles .
0
owned by Project residents (total);
(c) Listing of substantial physical defects
in the Project including a description of any repair or
maintenance work undertaken in the reporting year;
(d) A description of maintenance of the
Project including the condition of units, apartments, land-
scaping, walkways, stairs, recreational areas, and so forth.
City shall he allowed to conduct annual ohvsical
inspections of the Project as it shall deem necessary. The
City shall further be allowed to conduct an annual survey of
residents in the Project in order to assess their satisfac-
tion with the Project. The survey may contain, but shall
not necessarily be limited to, questions regarding
management /tenant relations, maintenance of the Project,
design features, general attitude toward the Project, and so
forth.
16. Additional Reporting_ Items. Prior to the
execution hereof, Property owner shall submit to the City
the following information:
• a. An analysis of the cost of the Project
including land cost, construction cost, financing cost, and
so forth;
b. Tenant selection procedures which shall
detail the methods that Property Owner shall use to
advertise the availability of apartments in the Project and
screening mechanisms that Property Owner intends to use to
limit the occupancy of the apartments to the Target
Population,
17. Tenant Selection, Contracts and Rules and Reg u.1
tions. On receipt of an application for occupancy in the
Project, Property Owner shall determine the eligibility of
the occupant under the terms of this Development Agreement.
Property Owner shall verify the information sup',-1'ed by the
applicant and shall verify the income of the applicant for
the purpose of determining qualification. Property Owner
may refuse to rent to an applicant if it determines that
false information has been supplied on the application or,
in the two years preceding the application, the applicant
has been evicted by a court of law. Property Owner may not
use source of income or marital status in determining
eligibility. All agreements for rental of units in the
Project shall be in writing. The proposed rental agreement
or lease form shall be provided to City for its review and
approval. Procosed rules of conduct and occupancy, if any
JT
/G
are adopted by the Property Owner, shall be in writiec.
Such proposed rules of conduct and occupancv and any later
revisions, additions, or modifications thereof shall be
submitted to the Gity for its review and approval prior to
use in the Project. Such rules of conduct and occupancv
shall be given to each tenant prior to such tenants' occu-
pancy.
18. Termination and Eviction of Tenants. A tenancy in
an apartment in the Project may be terminated without the
termination being deemed an eviction under the following
circumstances:
a. Death of the sole tenant of the unit;
b. By the tenant at the expiration of a
term of occupancy or otherwise, upon thirty (30) days'
written notice;
tenant; or C. By abandonment of the premises by the
d. By failure of tenant to maintain income
eligibility pursuant to the provisions hereof, providing •
that Property Owner gives tenant sixty (6o) days' written
notice of such termination.
Any termination of a tenancy other than those listed in this
subparagraph shall constitute an eviction. Property Owner
shall only evict in compliance with the provisions of
California law and then only fo: material non - compliance
with the terms of the rental agreement, lease or rules and
regulations of the Project. Property owner shall establish
appeal and /or grievance procedures and rules and regulations
for use for evictions in the Project, which shall be submit-
ted to and approved by the City prior to the occupancy of
any apartment in the Project.
19. Local Residencv. Preference shall be given where
possible to applicants to the Project who have been resi-
dents of. the City of Rancho Cucamonga. This factor,
however, shall not be given any priority over the other
elements of tenant selection in paragraph 17 hereinabove.
20. Hazard Insurance. Property Owner shall keep the
Project and allimpiov e; nts thereon insured at all times
against loss or damage by fire or other risks covered by a
standard extended coverage endorsement and such other risks,
perils or coverage as Property Owner may determine.
Property Owner shall also advise tenants that such insurance is
does not cover their personal property, and work with occu-
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pants to obtain for them, if possible and if desired by the
occupants, policies of insurance on the contents of
apartments and personal property of the occupants thereof.
During the term hereof, the Project shall be insured to its
full insurable value. City shall have the right to review
insurance coverage maintained by Property Owner or its
successors and assigns and the power to require additional
insurance to be carried of a kind and in amounts at the
City's sole discretion so that the provisions of this
paragraph are complied with. City's action or inaction
hereunder shall not subject it to liability to any third
persons or entities.
21. Maintenance Guaranty. In order to insure that
maintenance of the Project is performed in accordance with
the maintenance plan as outlined in the Senior Housing
Overlay District administrative guidelines and in this De-
velopment Agreement, Property Owner shall either establish a
landscape maintenance district pursuant to State law and
City ordinance, regulation and /or policy, or post a
maintenance deposit or other legal security acceptable to
the City to be used by the City in the event that Property
Owner shall fail to adequately maintain the Project or
• breach this Development Agreement.
22. Specific Restrictions on Development of Real Prop-
erty. The following specific restrictions shall also cover
the use of the real property:
a. Only residential uses of the real property
are permitted in the Project.
b. Maximum density of residential dwelling units
in the Project shall never be greater than dwelling
units per acre.
C.
buildings is:
The maximum height for each of the proposed
d. Maximum size for all of the buildings and the
proposed square footage for each of the apartment types
located therein is set forth more fully on Exhibit "B"
attached hereto and incorporated herein by reference.
e. Provisions for reservation or dedication of
land for public purposes are contained in the conditions for
approval of Parcel Map Number — and are incorporated
herein by this reference.
23. Hold Harmless. Property Owner agrees to and shall
hold City, — its agents, employees and representa-
! f L.<
25. Amendment. This Agreement may be amended or
cancelled in whole or in part only by mutual written consent
of the parties and then in the manner provided for in
Government Code sections 65868 et seo. This Development
Agreement does not prevent City in subsequent actions
applicable to the real property from applying new rules,
regulations and policies which do not conflict with those
rules, regulations and policies applicable to the property
as set forth in paragraph 8 hereinabove. This Development
Agreement does not prevent City from denying or condi-
tionally approving any subsequent development project appli-
cation on the basis of existing or new rules, regulations or
policies. .
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tives harmless from liability for damage or claims for
damage for personal injury including death and claims for
property damage which may arise from the direct or indirect,
operations of Property owner or those of his contractor,
subcontractor, agent, employee or other person acting on his
behalf which relate to the Project. Property Owner agrees
to and shall defend City and its officers, agents, employees
and representatives from actions for damages caused or
alleged to have been caused by reason of Property Owner's
activities in connection with the Project. This hold
harmless agreement applies to all damages and claims for
damage suffered or alleged to have been suffered by reason
of the operations referred to in this Development Agreement
regardless of whether or not the City prepared, supplied or
approved the plans, specifications or other documents for
the Project. Property Owner further agrees to indemnify,
hold harmless and pay all costs and provide a defense for
City in any action challenging the validity of this Develop-
ment Agreement,
24. Affect of Development A reement on Land Use Regu-
lations. Rules, regu ations and official policies governing
permitted uses of the real property, the density of the real
property, the design, improvement and construction standards
and specifications applicable to development of the real
•
property, are those rules, regulations and official policies
in force at the time of execution of this Agreement. it is
understood and agreed that City may grant Property Owner a
dwelling unit density bonus, may reduce its requirements for
on -site parking, may waive its requirement for covered on-
site parking and may reduce and /or waive other fees as an
incentive for Property Owner to construct the Project and
for both parties to enter into this Development Agreement,
Such incentives agreed on between the parties are set forth
on Exhibit "C" attached hereto and incorporated herein by
reference.
25. Amendment. This Agreement may be amended or
cancelled in whole or in part only by mutual written consent
of the parties and then in the manner provided for in
Government Code sections 65868 et seo. This Development
Agreement does not prevent City in subsequent actions
applicable to the real property from applying new rules,
regulations and policies which do not conflict with those
rules, regulations and policies applicable to the property
as set forth in paragraph 8 hereinabove. This Development
Agreement does not prevent City from denying or condi-
tionally approving any subsequent development project appli-
cation on the basis of existing or new rules, regulations or
policies. .
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26. Enforcement. This Agreement is enforceable by any
party hereto notwithstanding a change in the applicable
General or Specific Plan, zoning, subdivision or building
regulations adopted by City which alter or amend the rules,
regulations, or policies governing permitted uses of the
land, density, design, improvement and construction
standards and specifications. In the event of a default
under the provisions of this Agreement by Property Owner,
City shall give written notice to Property Owner by
personal service on the representative of Property Owner (or
its successor) at the Project, or by registered or certified
mail addressed to Property Owner at the address stated in
this Agreement, or to such other address as may have been
designated by Property Owner, and if such violation is not
corrected to the satisfaction of City within thirty (30)
days after the date such notice is given the City may,
without further notice, declare a default under this Agree-
ment and, upon any such declaration of default, the City may
bring any action necessary to enforce the obligations of
Property Owner growing out of the operation of this Develop-
ment Agreement, apply to any court, state or federal, for
specific performance of the provisions of this Development
Agreement, or for an injunction against any violation by
• Property Owner of any provision of this Agreement, or for
such other relief as may be appropriate, it being agreed by
Property Owner that the injury to City arising from a
default under any of the terms of this Development Agreement
would be irreparable and that it would be extremely diffi-
cult to ascertain the amount of compensation to City to
afford adequate relief in light of the purposes and policies
advanced and satisfied by approval of the Project and by
this Development Agreement.
27. Event of Default. Property Owner is in default
under this Agreement upon the happening of one or more of
the following events or conditions:
a. if a warranty, representation or statement
made or furnished by Property Owner to City is false or
proves to have been false in any material respect when it
was made;
b. if a finding and determination is made by the
City following an annual review pursuant to paragraph 16
hereinabove upon the basis of substantial evidence that
Property Owner has not complied in good faith with any of
the terms and conditions of this Agreement;
C. breach by Property owner of any of the
provisions or terms of this Agreement, after notice
described in paragraph 26 hereinabove.
10
28. Proceeding Upon Default. City does not waive any
claim of defect in performance by property Owner if on
periodic review City does not modify or terminate this
Agreement. Non - performance by Property Owner shall not be
excused because of a failure of any third person or entity.
Adoption of a law or other governmental activity making
performance by Property Owner unprofitable or more difficult
or more expensive does not excuse the performance of the
obligations to be taken by Property Owner under the terms of
this Develpment Agreement. All other remedies at law or in
equity which are not otherwise provided for in this
Agreement or in the City's regulations governing development
agreements are available to the parties to pursue in the
event that there is a breach of this Development Agreement.
No waiver by City of any breach or default under this
Development Agreement shall be deemed to be a waiver of any
other or subsequent breach thereof or default hereunder.
29. Attornevs' Fees. In any proceedings arising for
the enforcement of this Development Agreement or because of
an alleged breach or default hereunder, the prevailing party
shall be entitled to recover the costs and attorney fees
incurred in the proceeding and such reasonable attorneys' .
fees as may be determined by a Court in any legal action.
30. Cumulative Remedies. The respective rights and
remedies provided by this Development Agreement or by law or
available in equity shall be cumulative and the exercise of
any one or more of such rights or remedies shall not
preclude or affect the exercise, at the same or at different
times, of any other such rights or remedies for the same or
different defaults or breaches or for the same or different
failures to perform or observe any term or provision of this
Agreement.
31. Partial Invalidity. If any provision of this
Agreement shall be rnvalid, illegal or unenforceable, the
validity, legality or enforceability of the remaining
provisions hereof shall not in any way be affected or
impaired thereby.
32. BindineGffect. This Agreement shall bind, and
the benefits an_d burdens hereof shall inure to, the
respective parties hereto, their legal representatives,
executives, adminstrators, successors and assigns.
33. Recordation. This Agreement shall, at the expense
of Property Owner, be recorded in the official records of
the County of San Bernardino in accordance with provisions •
of the Government Code.
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34. Miscellaneous. This Agreement shall be construed
in accordancence with andand governed by the laws of the State of
California. The provisons of this Development Agreement
shall be liberally construed to effect its purpose as set
forth herein and in the attachments hereto. Whenever the
context so requires, the singular number includes the
plural, the plural includes the singular, masculine gender
includes the feminine and /or neuter and the neuter gender
includes the masculine and /or feminine. The time limits set
forth in this Agreement may be extended by mutual consent of
the parties in accordance with the procedures for adoption
of a development agreement.
IN WITNESS WHEREOF, this Agreement has been executed by
the parties and shall be effective on the day and year first
above written regardless of the date of actual execution
hereof.
PROPERTY OWNER:
. BY:
(Name) (Title)
BY:
(Name) (Title)
CITY:
CITY OF RANCHO CUCAMONGA
BY:
BY
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN BERNARDINO )
On _ _, 1993, before me the undersigned, a
Notary Public i n and _ foe said County and State personally
appeared and
proved to me on — C e basis of satisfactory evidence to be the
persons who executed this instrument as Mayor and City
Clerk, respectively, of the City of Rancho Cucamonga, a
municipal corporation existing and organized under the laws
12
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EXHIBIT "A" •
(Legal description of the Project)
EXHIBIT "B"
(Detail of apartment size and size of all buildings)
EXHIBIT "C"
(Incentives to Property owner) •
•
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• RESOLUTION NO. * 5 y
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING A GENERAL DEVELOPMENT
AGREEMENT TO BE USED IN CONJUNCTION WITH HOUSING UNITS
PRODUCED UNDER THE PROVISIONS OF THE SENIOR HOUSING
OVERLAY DISTRICT
WHEREAS, the City of Rancho Cucamonga has enacted Zoning Ordinance
Amendment 83 -02, creating a Senior Housing Overlay District; and
WHEREAS, the City is concerned about protecting the long -term
availability and affordability of units produced for low and moderate income
senior citizens; and
WHEREAS, Development Agreements as provided in the California
Government Code Sections 65864- 65869.5 provide a means of protecting rental
housing units produced under the provisions of the Senior Housing Overlay
District for low and moderate income senior citizens; and
WHEREAS, the City Council has determined that the General Development
Agreement developed by Staff meets the general concerns of the City; and
• WHEREAS, on a project -by- project basis the General Development
Agreement can be filled in by the City in such a way that all of the concerns
of the City will be met.
E
NOW, THEREFORE, BE IT RESOLVED, that the City Council approves the
General Development Agreement.
BE IT FURTHER RESOLVED, that the City Council hereby orders that
Development Agreements be completed on a project -by- project basis and brought
to the Planning Commission and City Council for review and approval.
PASSED, APPROVED, and ADOPTED this 4th day of May, 1983.
AYES:
NOES:
ABSENT:
ATTEST:
Lauren M. Wasserman, City er
Jon D. blikels, Mayor
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var a w' a�ruvv uv vrr a.nnavry vrr `�G�;v+M�HC9
MEMORANDUM,
Date: April 27, 1983
To: City Council "and City Manager 1977
From: Bill Holley, Director, Community Serviceses DePrt..J v
Subject: Authorize Community Services Director to open Escrow ... and
distribute Request for Proposals ... in connection with Rancho
Cucamonga Neighborhood Center CDBG Project.
Agenda Reference: Staff Reports - Item "A"
Mayor pro Tem Buquet and this writer were in attendance at the CBMwD Board of
Directors' Meeting on April 27, at which the Board accepted the City's offer
of $65,700 for the 0.7 parts of an acre to the south of the Rancho Cucamonga
Neighborhood Center.
You are all aware of the project's details, therefore, I will not recapitulate
them herein.
Two needed actions:
1) Authorize staff to open escrow on the subject property; and,
2) Authorize staff to prepare and distribute Request for Proposals
(RFP's) to acrhitectural firms for design.
The recommendation for award of a design contract will be brought back to
Council for action in June.
If I can provide further information, please let me know.
BH /mw
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STAFF REPORT
DATE: May 4, 1983
T0: City Council and City Manager 1977 ,
FROM: Lloyd B. Hubbs, City Engineer
SUBJECT: Resolution of Support for Benefit Assessment Program
The Citizens for Flood Control have requested that all Zone 1 Flood Control
District Cities indicate their support for placing a Benefit Assessment
Program identical with the previous Measure W before the voters in November.
The Council previously took action on this item but considering the Committee
request, it would be appropriate to take action on the attached resolution of
support.
Staff is currently working with the City Attorney to explore ways of allowing
the independent approval of the Measure within the City boundaries if the Zone
measure should be defeated.
RECOMMENDATION:
Approve the resolution of support for a Flood Control Benefit Assessment
Program in November.
Respectfully submitted,
17j
Attachment
• RESOLUTION NO. ,jam
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, SUPPORTING THE PASSAGE OF A FLOOD
CONTROL BENEFIT ASSESSMENT MEASURE ON THE NOVEMBER BALLOT
WHEREAS, the residents of the City of Rancho Cucamonga are
frequently exposed to health and safety hazards due to flooding of major
streets and drainage facilities; and;
WHEREAS, flooding causes severe damage to public property causing
major expenditures of tax dollars, and;
WHEREAS, the Cities and County Flood Control District within Zone I
of the Flood Control District have developed a Benefit Assessment Program
which will generate funds over the next ten years to deal with these problems,
and;
WHEREAS, implementation of the Flood Control Benefit Assessment
Program required approval of the voters.
NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of
Rancho Cucamonga fully supports the passage of the Flood Control Benefit
• Assessment Program which will develop funds to construct needed drains to
provide for the public health, safety and economic stablity and urges the San
Bernardino County Board of Supervisors to place the Measure on the November
1983 ballot.
BE IT RESOLVED, that the City portion of said funds shall be directed
to priority projects within the community in such a manner as to provide the
maximum general benefit without imposing undue burden on any single segment of
the community.
PASSED, APPROVED, and ADOPTED this 4th day of May, 1983.
AYES:
NOES:
ABSENT:
ATTEST:
is Lauren M. ''Wasserman, City Clerk
,i
Jon Nikels, Mayor
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60-1
OTMXr O1 n A NTOvn OT TO A ANONTO A
STAFF REPORT
DATE: May 4, 1983
TO: City Council and City Manager
FROM: Lloyd B. Hubbs, City Engineer
BY: Paul A. Rougeau, Senior Civil Engineer
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SUBJECT: Circulation Alternatives for Haven Avenue - Council Refeeral to
Planning Commission
At its April 13, 1983 meeting, the Planning Commission considered a request to
delete a street from the Industrial Area Specific Plan shown as running
between 4th and 6th Streets some distance east of Haven Avenue. This request
was referred to the Commission by the City Council at its April 6, 1983
meeting.
In its deliberation on this item, the Commission considered input from
affected property owners and the policies set forth in the Industrial Specific
Plan. The Plan was reviewed concerning its stated intent to mitigate future
traffic congestion on Haven Avenue by providing alternate travel routes for
the properties bordering Haven Avenue. The report to the Commission
summarizing this portion of the Plan is attached for your review.
Along with these policies, the Commissioners heard statements from two owners
of property east of Haven to the effect that the local streets as shown in the
Plan would severely affect their development options. They indicated that the
streets in the Plan should be deleted until the various owners develop master
plans for each property. Details of the discussion are contained in the .
attached Minutes of the April 13 meeting.
COMMISSION RECOMMENDATION
It was the Commissions opinion that the street pattern in the Specific Plan
conceptually fulfills a basic circulation need, that it could be varied
somewhat to address individual needs and still protect Haven Avenue
circulation, but that it should remain shown as is until an alternate master
plan is actually developed.
Res ectfully subm'tted,
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Attachments
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CITY OF RANCHO CUCAMONGA
STAFF REPORT
DATE: April 13, 1983
TO: Planning Commssion
FROM: Lloyd B. Hubbs, City Engineer
BY: Paul A. Rougeau, Senior Civil Engineer
SUBJECT: Circulation Alternatives for Haven Avenue
As development proposals are received for properties along Haven Avenue in the
Industrial Area, the circulation policies contained in the Industrial Area
Specific Plan reach the need for implementation. Haven Avenue is projected to
be the most heavily impacted of the City's arterials and will experience a
traffic demand in excess of its "capacity ", resulting in severe congestion.
This condition will prevail betweeen 4th Street and Foothill Blvd. when the
City reaches its build -out level of development.
SPECIFIC PLAN CIRCULATION POLICY
In an attempt to mitigate the projected traffic impacts, the Specific Plan
contains the following policies:
PP II -19 and II -22; A reiteration of the Commission's Access
Policy, Resolution 78 -29, limiting driveway access.
PP II -22 and II -24; Additional restrictions beyond those in
Resolution 78 -29, including the following statement with regard to local
streets: "Local streets should be planned to relieve traffic demand on
arterials by providing parallel routes."
This latter statement resulted in aAocal street pattern for the vicinity of
Haven Avenue as shown on the Circuldton Plan portion of the Specific Plan and
further detailed in Figure IV -6 of the Plan (attached). Existing development
and the railroad prevent the parallel street concept from being applied
throughout the length of Haven Avenue, but the street pattern was planned to
provide it as completely as possible.
NEED FOR ALTERNATE CIRCULATION
The value of the parallel road, especially in the lower reach of Haven, is
that the traffic produced by the development into an industrial park of the
properties fronting Haven can he taken by an internal street and driveway
r ITEM J
PLANNING COMMISSION ST(. REPORT
Circulation Alternatives for Haven Avenue
April 13, 1983
Page 2
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system to the parallel road and south to 4th Street. At 4th Street, the
decision can be made to continue west to an easier access to Route 10 rather
than use Haven Avenue. Also, Haven itself is relieved of the traffic between
6th and 4th Streets.
Easier access to points east via Utica Avenue will also be made possible with
this parallel road. A similar pattern can be developed on the west side of
Haven Avenue by obtaining an additional street dedication to connect into
Commerce Center Drive, thus providing access to 4th Street and points west via
Commerce Center Drive and Center Avenue. Easterly access will also be
possible via a left turn onto 4th Street at Center Avenue.
Northerly extensions of these parallel roads are possible to obtain on the
west side of Haven Avenue between 6th and 7th Streets, as the Commission may
remember from a recent parcelmap review in that area, and on the east side of
Haven Avenue by additional dedications as properties develop.
DESIGN FEATURES OF HAVEN AVENUE
As the premier access to the City and a Special Boulevard, Haven Avenue has
been planned as an important aesthetic route. Achievement of optimum traffic
service and a highlevel of design are goals which complement one another. To
this end, Haven Avenue has been planned to include a median island, deep •
setbacks, restricted accessand large -lot (2 acre minimum) development. The
median island must have few breaks for cross traffic in order to be effective
as a traffic control and to enhance its appearance. To reduce interference
with traffic flow, access points must be minimized and the entering volumes at
these accesses must be kept as low as possible. The use of a 2 acre parcel
size greatly contributes to these goals.
To ensure that the aforementioned benefits are achieved, access to property
along Haven Avenue should be provided by internal streets leading to parallel
routes, thus eliminating the need for public road intersections on Haven
Avenue or for busy driveways either of which would have right- turn -only access
and would require excessive U -turns on Haven Avenue. Busy streets and
driveways would also detract from the appearance of the street.
SUMMARY
It is evident, then, that a system of local streets parallel to Haven Avenue
can and should be developed to reduce future traffic volumes on Haven Avenue
between 4th Street and 7th Street while still providing, and even encouraging,
alternate access to Route 10. This concept also enhances the quality of
design to be achieved by the 2 acre minimum parcel size along Haven Avenue by
eliminating public street connections and busy driveways.
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PLANNING COMMISSION STr' REPORT
Circulation Alternativ for Haven Avenue
April 13, 1963
Page 3
RECOMMENDATION
It is recommended that the Commission review and consider the arterial
policies in the Specific Plan, especially for Haven Avenue and select one of
the following courses of action:
1. Reconfirm the access policies as they are set forth and recommend
that the City Council make no changes, or
2. Formulate any changes deemed appropriate, such as deletions or
additions to the street system, and direct Staff to prepare a recommendation
to City Council for a change in the Specific Plan.
Respectfully submitted,
4LB
Attachments: Industrial Specific Plan, PP 11- 19,22,24
Figure IV -6
1( 7
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TABLE 11 -3
PROJECTED VOLUME /CAPACITY RATIOS - INTERSECTIONS,
AT LEVEL OF SERVICE "D"
PM Peak Hour
Intersection volume Capacity V/C Lane Additions`
Haven /Foothill 1890 1500 1,26 Dble. left turns - -all approaches
Haven /Arrow Route 1340 1500 0.89 Dble. left turn lanes --NB; WB
Haven /4th 1470 1500 0.98 Dble. left turn lanes - -WB; SB
Milliken /Foothill 1590 1500 1.06 Oble. left turn lanes- -NB; SB; EB
Milliken /Arrow Route 1200 1500 0.80 Dble. left turn lanes - -NB; SB; EB
Milliken /4th 1500 1500 1.00
Rochester /Foothill 1440 1500 0.96
tUnless otherwise stated, all approaches are assumed to have one left turn and one
right turn lane in addition to mid-block through lanes.
As Table II -3 indicates, the Foothill /Haven inter-
section is the most overloaded intersection in the
City and is expected to operate substantially above
capacity. Foothill /Milliken is expected to operate
above capacity and Milliken /4th will operate just •
at capacity.
A detailed presentation of all major intersection
lanes and right -of -way requirements is presented in
Figure II-5• Generally, each intersection includes
one separate left turn lane and as many through
lanes as there are travel lanes upstream. At some
intersections, double left turn lanes and /or a
right turn lane may be necessary.
CIRCULATION AND ACCESS POLICIES
Policies and Arterials In order to ensure the effectiveness and capacity `
of arterials, it will be necessary to establish and
enforce rigid access control policies. These
controls are currently in effect under the pro-
visions of the Planning Commission Resolution 78.29.
• Non access to all arterials shall be dedicated
to the City wherever suitable alternative
access may be developed from local or collec-
tor streets.
• Where access must be granted to an arterial,
said access shall he limited to one point for
300 feet of frontage or one point per parcel .
with less than 300 feet of frontage. It is
the intent of the policy to establish a mini-
mum 300 foot spacing between driveways.
11 -19 ( F
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o Combined access to arterials between adjacent
properties shall be encouraged wherever possi-
ble to reduce the number of encroachments.'
o Access points shall, wherever possible, be lo-
cated a minimum of 100 feet from the back of
curb returns at intersections on 4 lane or
wider highways.
o Where otherwise compatible with this policy,
access shall be located opposite existing or
planned points on the opposite side of the
street.
o In addition to the controls outlined in Plan-
ning Commission Resolution 78 -29, several addi-
tional restrictions will be necessary.
- Median island breaks and left turn
access should be limited to approxi-
mately quarter mile spacings on the
following major divided arterials:
Haven Avenue, Foothill Boulevard,
Milliken Avenue, and Fourth Street.
Figure II -b shows the recommended
arterial intersection spacing which
•
will provide adequate storage lengths
for left turn lanes.
- Signalized intersections should be
spaced a minimum 1/4 mile apart to
achieve adequate two -way progression.
- "T" intersections can be spaced not
less than 940 feet apart and still
provide left -turn entry and exit lanes
on the arterials (except Haven, Foot-
hill, Milliken, and 4th) as shown in
Figure II -b.
- For safety and efficiency, side fric-
tion along major arterials should be
minimized. Therefore, on- street park-
ing should be eliminated, median ob-
structions should be minimized, and
left -turn movements and access to drive-
ways should be confined to designated
locations.
- Along Haven and Milliken, additional
access restrictions may be required
due to traffic volume constraints.
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11-22 I I is
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FIG. 11-6 ARTERIAL INTERSECTION SPACING
_a
g Minor Street
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Minor Street o Q
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A• °T" !NTERSE'ZT!0N
I red 9
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Arterial
a
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Q
f
0
_0
0
0
N
===;5�t + I y
Minor Street
B: FULL INTERSECTION
0
• Local Street Policy
The required local street pattern should allow the
to each owner or devel-
maximum flexibility parcel
oper while having the least adverse impact on ar-
-_
terial traffic flow. The circulation pattern
II -6,
developed for this plan and shown in Figure
complies with this principle by recognizing the
following:
o Streets should be provided along property
-
lines where possible.
o Intersections with arterials should be
—
limited to one per quarter mile wherever
possible.
o Local streets should be planned to relieve
traffic demand on arterials by providing
parallel routes.
-
o The street pattern within a parcel should
not be a part of this Plan, except where
necessary to meet the above criteria,
Private streets may be desirable in new developments
Private Streets
where they would enhance property identification,
provide for control of access and where special
•
overall design concepts may be involved. To ensure
that these street designs are constructed in a
traf-
manner which will not create emergency access
fic hazards or future maintenance problems, the
be applied to approvals.
following standards should
-
o The use of private streets shall be limited
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to cul -de -sacs and to minor local streets not
carrying through traffic.
o Private streets will be permitted only where
a means satisfactory to the City Council 15
provided for their maintenance and operation.
Formation of a maintenance district to be
activated when necessary with an irrevocable
offer of dedication shall be required of the
developer at his expense prior to recordation.
o The design of all private streets will be
reviewed and approved by the City Engineer;
and the construction shall be inspected by
_
the Engineering Division, with an aoplicable
improvement inspection fee to be paid.
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11 -24 IV" I
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FIG. IV -6
CIRCULATION
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�py
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to •-
r-u-t Bridge
Access Points 0 e 0 e r e n e�h • e r w n e n e n O. .6th
L - WG�na tt
'Park
Fire Station -I
�r/ a, �CaN � e u e4ru it
�� ww "w�wL nre 1w i�e • `• w 'a 4th
7—�
0 400 800 1600 - - """""�'�'•cHr eautAa 1 -
w� o tY
.j
Note: Parcel lines and lot configurations are shown as approximations only.
'The sites shown may not be currently owned nor is the location site specific. The depletion of a
site is an Indication of a projected future need that may be adjusted over tme as the City develops.
�t Ij
120' R.6.W.
100' R.O.W.
era
88' or less R.O.W.
RAIL SERVICE
'I'�'�✓ -+
Existing
Proposed
TRAILS /ROUTES
0 0 0 o
Pedestrian -
e e e e
Bicycle
�J
Regional
Multi-Use
Special Streetscape/
Landscaping
....- ...........-
Power Line/
Utility Easement
�-
Creeks R Channels
C
�py
r
I
I
to •-
r-u-t Bridge
Access Points 0 e 0 e r e n e�h • e r w n e n e n O. .6th
L - WG�na tt
'Park
Fire Station -I
�r/ a, �CaN � e u e4ru it
�� ww "w�wL nre 1w i�e • `• w 'a 4th
7—�
0 400 800 1600 - - """""�'�'•cHr eautAa 1 -
w� o tY
.j
Note: Parcel lines and lot configurations are shown as approximations only.
'The sites shown may not be currently owned nor is the location site specific. The depletion of a
site is an Indication of a projected future need that may be adjusted over tme as the City develops.
�t Ij
• Excerpt From Planning Commission Minutes - April 13, 1983
J. CIRCULATION ALTERNATIVES FOR HAVEN AVENUE
Paul Rougeau, Senior Civil Engineer, reviewed the staff report which
recommended that the Commission either reconfirm the access policies as set
forth and recommend that the City Council make no changes, or that the
Commission formulate any changes, such as deletions or additions to the street
system, and direct staff to prepare changes to the Industrial Specific Plan
for City Council consideration.
Bruce Strickland, representing Vanguard Companies, addressed the Commission
regarding the street between Utica and Haven and 6th and 4th Streets. Mr.
Strickland stated that this street creates two parcels which will be very hard
to work for the developer to work with and did not think it would meet the
goals of the Industrial Specific Plan for the area to the south. Mr.
Strickland suggested that parcel lines and ownership lines be looked at when
establishing the location of streets. He also distributed maps to the
Commissioners.
Paul Rougeau pointed out that parcel 7 (on 6th Street) has an offer of
dedication for a street on the west side and along Utica on its eastern
boundary.
Mr. Strickland stated that this offer of dedication is not binding at this
• time.
Mr. Lam replied that the statement by Mr. Rougeau was not meant to imply that
this is a binding dedication, but to point out that the access policy has been
followed in the past.
Russ Bluette, representing the Church of Jesus Christ of Latter Bay Saints,
owner of the three parcel at the northeast corner of Haven Avenue and 4th
Street, addressed the Commission stating that the church intends to develop a
master plan for this area. Further, that the church is opposed to the street
location as proposed because it would destroy this master plan concept. Also,
that Utica and Cleveland are natural barriers and that the purpose would not
be served by placing a street through the middle of the property and would
also deter the development of this property.
Jack Lam stated that based upon testimony heard this evening there seems to be
some property owner interest in looking at options in the future for their own
specific properties and asked if any of the property owners had met to look at
the circulation alternatives from a master plan basis.
Mr. Bluette stated that he was in agreement with the concept of Haven Avenue
being a heavily traveled street, however, did not feel that the needs of the
City would be met by having the street down the center of the subject
Planning Commission Minutes -1- April 13, 1983
property. He agreed that there has to be an east /west street, but did not
feel that this is the appropriate location.
Mr. Lam replied that when the Industrial Specific Plan went through public
hearings there was a great deal of discussion regarding the location of
streets. During these hearings there was discussion regarding the abandonment
of both 7th and 8th Streets,' and soon no one wanted streets in front of their
property because they felt the fewer streets there were, the less it would
affect the properties. This resulted in traffic studies to determine the
feasibility of widening 6th Street to accommodate these requests. Mr. Lam
pointed out that the City has always been willing to look at alternative means
of access and suggested that the property owners get together to come up with
an alternative to be presented to the City.
Mr. 8luette stated that Mr. Lam -s proposal was well taken, however, the
proposed street location places a considerable burden on this property owner,
namely the LDS Church, in that they would be asked to dedicate for Utica, the
entire amount for street "A ", plus dedication for Trademark and that this is a
lot to ask of one property owner. Further, that he did not see the real need
since the traffic issue would have to be resolved when the Church comes in
with a proposal for this piece of property, and ask that the Commission
consider the deletion of street "A ".
Commissioner McNiel asked for clarification of the purpose of this item.
Jack Lam replied that the item was referred to the Planning Commission by the
City Council to determine whether or not street "A" should be deleted from the •
Industrial Specific Plan.
Paul Rougeau stated that the reason the other alternative issues were raised
was to show how this street fits into the overall pattern and to emphasize
that it is part of the circulation issue on Haven from 4th Street to 8th
Street.
Vice- chairman Stout replied the deletion of this street must be done in
context of all the issues, and was glad staff raised the other solutions.
Further, that if the property owners feel the street should be deleted, the
property owners should bear the burden of coming up with an alternative
solution to the problem since the City has put the time, effort, and money
into the formation of the Specific Plan. He further stated that his decision
would be to not make any changes in the plan unless the property owners come
up with some type of alternative to the issue. Vice- Chairman Stout also
suggested that the City should be thinking of ways to get traffic off Haven
Avenue that would be generated from the airport.
Commissioner McNiel stated that he agreed that the property owners should try
to come up with a solution and was inclined to not undermine the Specific Plan
process.
Planning Commission Minutes -2- April 13, 1983
•
n
tl
• Mr. Strickland stated that he does not want a solution that will cause more
problems and that the idea that because the City has a Specific Plan for that
area it is set in perpetuity is not true since the City changes things all-of
the time through its ordinates. Further, that the point he was trying to make
is that the secondary parallel road exists in Utica Street because of the
layout of the parcels. He further stated that it is not feasible to meet with
the church since they presently do not have a plan for their property and that
the two uses may not necessarily be compatible. Also, that the traffic
problem can be solved without the street running between Utica Haven.
Mr. Bluette stated that this is basically the view of the Church. He pointed
out that between Haven and Utica and Cleveland is approximately the same
distance and that it is an undue burden to place a street in the middle of
this property since the same dedication could be made on Utica as on
Cleveland. With future planning with the City, he stated that a lot of
traffic could be guided onto Utica which would service the needs of the City.
Vice - chairman Stout called for the motion.
Motion: Moved by McNiel, seconded by Juarez, carried, to recommend to the
City Council that no changes be made in the Industrial Specific Plan at this
time.
AYES: COMMISSIONERS: McNiel, Juarez, Stout
• NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: Barker, Rempel -carried -
Respkc1tf'ul!n ly ubmitte
Jack Lam, Secretary
Planning Commission Minutes -3- April 13, 1983
41
r �.
0
•
I
...,
STAFF REPORT
DATE: May 4, 1983
TO: Members of the City Council and City Manager
FROM: Rick Gomez, City Planner
BY: Tim J. Beedle, Senior Planner
SUBJECT: FOOTHILL COMMUNITY PLAN
QCSO pCCn,tiONC9(
i
19"
ABSTRACT: The County staff is in the process of preparing a Community
Plan for the area north of the City in our sphere of influence. This
report and its attachments contain some background information on the
plan, portions of the plan text, and the land use map. The County staff
will review the draft plan and answer questions the Council may have
about the plan or the process.
BACKGROUND: Since the beginning of this year the County planning staff
and a working committee have been in the process of preparing a
Community Plan. City staff has been monitoring the process and attended
numerous workshop committee meetings and has offered comments in regards
to various topics.
The draft plan is now available for public comment. Consequently, we
have requested the County staff to overview the plan for the City
Council in order to provide the Council with an opportunity to ask
questions and to express their ideas about the plan or its process.
On Wednesday, April 27, 1983, the County staff made a presentation on
the plan to the Planning Commission. The Commission identified several
areas which should be addressed including the following:
- where density transfer occurs
- County's affordable housing policy
- equestrian trails systems
- coordinate circulation with City's plans
What is a Communit Plan?
A community pan is both a policy guide on land use and related matters
and an ordinance regulating development. Each community plan, through
its maps and text, incorporates all pertinent policies, regulations, and
development standards effective within a community, reflecting local
interests and concerns. Plan maps graphically portray the land use
policies of a general plan, and also specific development regulations
for each parcel of land.
D
Foothill Community Plan
City Council Agenda
May 4, 1983
Page 2
•
The scope of a community plan's contents is not as closely regulated by
state law as is the case -with specific plans. As a result, a community,
plan can be as detailed or as general as desired by local
jurisdictions. Ultimately, the plan will provide a vehicle for
coordination of City and County policies for development within the
area. The City's role will be to assure that the plan is being
developed consistent with the City's policies and plans.
ATTACHMENTS: ine following items have been attached for your
information and review.
1. Draft text of Goals and Policies section of plan.
2. Proposed land use map.
3. Background information including:
- List of County staff directly involved
- Workshop Committee members list
- Upcoming dates of importance
- List of plan materials prepared to date.
RECOMMENDATION: It is recommended that the Council review the attached is
materials and consider the County planning staff presentation. While no
action is necessary, the Council should feel free to ask questions or
express ideas if desired.
�espectfullyJ;ubmitted,
Rick Gon)W
City Planner
RG:TJB:jr
Attachments
1 r+'77
-
•
0
COUNTY PLANNING STAFF
• Mr. Douglas Payne, Project Planner
Mr. Tommy Stephens, Acting Deputy Director
Mr. Chuck Coe, Acting Senior Planner, West Valley
io
WORKSHOP CW?MITTEE MEMBERS
Ms. Betty McNay
Mr. Lowell Gomes
Mr. Joe Di Iorio
Mr. Jeffrey King
WEST VALLEY FOOTHILLS COMMUNITY PLAN
Upcoming Dates of Importance
Mid -May Next community meeting to review land use
regulations
Mav Environmental Review of the Plan.
through
June
July Community meeting to review the completed Plan
July Final Review and Hearings on the Community Plan
through to include:
November
City review in August
County Planning Commission in September and October
County Board of Supervisors in October and November
Division. 2 (Goals and Policies)
is
The Goals and Policy Section of the Community Plan is a critical part
of the Plan, as it forms the basis for the document and eventually
all land use decisions in the community. It is comprised of Goal and
Pclicy statements on local issues and identifies specific directions
of action to implement the statements. Major issues identified in
this Section include:
Land Use Natural Resources
Transportation Safety
Housing Energy
Environmental Quality
Maps
The Community Plan Maps are a graphic illustration of the Policy
Statements. :daps included in the Community Plan are:
1) Overlay Map (identification of known health and safety
hazards and desirable resources).
21 G_neral Plan Map (10 to 20 year land use planning guide) .
3) Circulation Mao (primary street networi:). •
4) Land use District Mao (parcel by parcel application
of land use regulations).
Dlu: FnV9.raTnT
f.II3iTF.R 1. mI —ED •lr fP i'l6:LY5
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al+ :ar to ar: va9:Y YI!a r qm 1. �a ! ilr!<elvo a ewlca enC c
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+f I' -star anf ,o It ol8 °IJ el t^ in a an ru tv re 'l eve to pnerC.
a�C'Innl Jll fn [•Pr(_r 1e ,, 1 rat ]l an
e O;IIU r- au ” Plan ! +a en-.4.
Ioca11Y lnpv tav
ID• Lac Y +I N; F e a _ o t" el.l .ac-e ':•n.nl
Dl, •ln - ^X•( r•la, ' +eon cd. nv....... n. +ot YaIAY F ot1tIla
pl ,n ! pl ane lnl u-
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Th. 'x•at Vaaa Fntnl.b plain:., a "' L, oeabd at the ease ar en!
.n tr :a l.nel mannlm. x!n!ra ur n"rtn Jr tr! ^I tin or Rtnr l:,
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are inn m r'W "i eentrm. crate ..exo e".cac am,nx+
Ca,'ro rot a. =I [Y eft'na An 9!1.1. 'r•tro M:: [an Ya t er =t at a[n ern Laltfarnta
ntr V r cl a tr to t. .`n:rtn!rn c.1 r.reta Ll Caen and '+n
wa wnpanY.
Dz - I
Fellnlear, Waft Jun 1:85
vf7:anmif0. acz. w
.0 uab. -he ;l annlnr a ,, 111 f e'd rrIatt"I1 1n11 am nrt +ltn ,ne
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n•:I trY r ..lr n r rte ,r•4r. n aS'• r•n� '1nrJ r•1 an•Ia
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!
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1111"1 r- + n• ,l 1 a +•I: `•r•r nv l +y
nitt4at Ln( a v al a t yravin lee n ....... e tlal r
D::euc :er re. •:pat
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,r :e rve .ne na[u cal Jrrn.. Inalltlte5 of Che -+atnlll J.
r ¢Clan 4Ft. U]01 Cn_Itf' tlrarartlr
la) FINDING. tl:< Vert Yall<Y FJOthlild a a b „1 •S trael• tors Clon
mr fnm.e rr5ternm at r.r •lo went ann•.+Dronnnnln rcr /rv5.•n
under a [mprlblh3lve pl annln4 lr an e+a rk 5.,on 11 Ge e•ve 1nD•J.
(I) DIRECTIVE: enact a t_1 _ t n
....rnn t tltr Ln `•t lt:nn
laterite" nr adl,lnlnq c nm ,nit l
lA an are,n core.
(A1 ACTION: Frnvlde a range of relleentlal 1en5:tl•3
Jau JrY a .ar letr it lunz1,1.I aoe n:"51ry n.•.a.
(8) Ar.TLTIL LIelt 11111 lane3 L" nel9hf +rnnM
-rairetal and ¢ nv mlenu !! "1111ll ce nvr n'• e1 in....
a::e mgmrar :ncm, e
trafne rennlr•n.nes.
(Ll XITIIN: =1nit Indmtr!ll me In elneral ea tract tcn
. I . . . . F1 „M 'antral east”, and ntM1er aren5 hav:ny
Jlynlllrant ales al e.M %l Ln.
C) DIRFdenil: at the nelye0arhonJtl!rel vrlch NI,., a +.n 5•
(R) RtanoarrlaEvltnlnJ ldentified an elq dear hoe JJta.a p.
(R) ACTION: VtLklz. natar,l dralnaae ri r1— at:11tY
eorrider3 ane l,MRrat,y to Jer the aelynnnrlitda.
(C) a +NUIn Ma "larger hbn o ne Jl ip•a Inaat.t'n5
nel1.rineea In .en
r toil Crr.ene.
tot A",ICN: et ed lGe lnr'ne to l4�eomr5rodr a /1endt cn. cCrn +tr lal
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n2 -z
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1
ruN rnuara[ »N
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41 Char],-':
LA) :'1t ION: IJ•ntlry Lye Inn,N a f-t:an
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11 If N• pLtnnlnS
' e >»e ,( :n. sere 4ann.1
st It Il
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(It
J__1
a Nr -a[•r.
� "°nYnm, r1.:4 <,. xnnll.: tn1 terra c•a.
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I. not r- Id-eclal
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A
< rr aJ unern peel raell a vrpor[•J
>Y tee �l.:v 'r ne
IP) ALT:'�rl: SJlSna t^ Cue ll. ann G! nl
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F Ian,I
ur IeT (cN: =.Lena , -aa mum
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all lm R•J wean nJela upn
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a( ene
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ne[ur<
frtlnn pl ann [vq a n [he .-.l ppe le ]na
an
-... .... .ell
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rm.
ens. ae ..ore ar ,raanN: <r, lcea ea :e ine ene
-v
loran]• qrt on nrinna [I Vn of <alaeln,
IC) ACTIOx: f -,bell sh a ral r.aI,,nclal
o
apR"M Yrnp -es ]peel[]n^ no' s
penalty or np to
•r v.tlin^ ten • lea for lore
cNe
ewatM
° - rrlcnre •r or rboJ ca Lrvl
L<r part:nn of [hn
r-o 111 la sun of he 'on Ir t�
1^rr
tlnnal In-as,
IBl AC'ICV: Ft :.
101 ACTION: E-1..L1an a r rtl lea lJen [Id I . . a l.. Cf Yp In
nJ a ulna.- lea In poetal "1"4111 or up to
r 1v ll
a Fvq lly per rfe. ., a (or 1I,1 at the
,n I I °n Lr<1°Canle " -I AId,1 re co
[Ln Pr.a:e
.11, or t'.
;r L lllf -here Lhe - 1 "Ito . par..I al ae b (IVe
v^al I-r. a <r.
AC(IJM: _ mJ a •slsent ul c.na1 :Y of
IEI ACi 'CM Fs tae ll]n
up to [,o
s-•t:1 -4a - r on ]eve lvfanl< lane
a ral ralJen[lal lem It' o[ op '
one quell lnF
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1 -a tla :peel
vtrn
per trr !nn t
lathe
rle Plan ar -a. w5, n(
r ^e ••
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�noaee
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<p]]nnM
Ill ACTION: Fatah]L•n a Orel r•s le
-a
ul! .an ,al.r t a[!re aM
"� 'vlsr
en[: al Jcmlt, of
f tp !o
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,•rvl
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Et
Ln ^n 121 p pro) *o U.a
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al MECTIVE: [,t aeum, �evelnP <,t
rsl tr,Ox;
]eanaarea teat vul rm are
,he tnpan[ un tn< ]Cen1c tuatltloa of the
vitae ltsn s +,;lrnt lal e.not tr or up . oncf
rvathllla.
e
e �•tl lr'Ra per arre an.)aee nt !o [ncer,t at! 15, ]ov [n
fA1 ACT'J h: R•Onlre a flat•
o
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rp) ACi'CN: bqul r. a pr,IlnlnnrY
(A) ACT:r.N; Est ael lan
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s J•nt (al prnl efb in W1nE Innr vM lv Llw. n
a :vpe'aevelvrnent y WC!ne .goal
to tnx or a'J lnme eT nttI.,. I
.
ar m 'e"' the -lop• -11—JI t!n 1'! -ern[.
;v FreDI'L: Tn• PonlnlIII
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poeav !.•Lae[• a cote omlalea cleat
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:Iry lopan le L•rrAln. "O
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,be
t% ;CiION: bhvl re 'he PlannM RJ
I.In
!.b.11
:mc[ on the ]eenle anal ltT of :Ile fep[nlll].
en[I,1 Rvel -[meet nr
1m 11 ar Appll<rtlan for all 1rvH
Me.nL -ILVn en-
.00tnula •m r pt r°r N. vam lvla
I
nn ar mnn vrm<r [h.
.'-1
pz_u
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Pr Lllnlnary Bart uY]I Utl3
n
PLAN FOUNDATION
par -rl nap prn,ecure] , rnr ns[ruetlun or n
f n ay an
,feu ma d icf<san rr one. one
•E) aCP.2z: - pam lsn to. rr l!ortne 1-.x1"1 r•9n tr.m en to
far ..... nar.re , nl Ire or rube" .o-ce.........
(;] _:nlvl:o arl!ng r c ones, name .'aunE >q On. poo
am sal "aa - an;l.a. ls
:IU 4tl;t_•e c r droning tecsel ques or"ef ZO
np Lnent 611" a.ena Inca he silt l n9 na..nl
erraln.
i!IU Cn +Deal ar M..1 nl o: en Er Iam]raMo, —,t
srs[ur_s.
([al F•nl snN aloaes acne rnl lY sno ul •1 n a -.1
ratL unl -m to 11-ed rCn n atural terra.n.
IF1 ac nul re putld:ng 1—detlons t farn
vt _n
A .al -tope on ou Id In, sl:fs, -seon
re tn- elope is
eft -fe 11—nt ]r 9111 -r,
±e[lnn .F$.CJn ze r: cul rural ✓_Erte=
:31 FIYCi YC: - L -1al 11 -1111 :ur a! v Lanl'eH -ltnln tnf
_f seas": rat i -. Co u!] L! :ro [n -Len .a .anX as 'Per renal"
t 'V JII D!REC:::E: s [.slid provl st o,u I. pe_It a;rlcvltural uses
t. 3 a1 an to Ler(n.se,
• rzl C: TGO Cesl9nol- [nose b.-.1
1"[11"1 n9 i'oEnc [SVt
,n'LCa'L -cal u] ] atn a n use
!B) �:3 OX: .[a0li sn the •.mal] o,rleultoral IoM usr
^.l strict. -
+tlton v11.1.'IS ___lal hv- loFm -n[
'al = INOCL tY ;r< reryu trel 1of Tlelent c re!al
II.^ 1[18.] orpol I-1 d.11r ... u: it jr
Its
r.stne Is-
!:1 Cv:[alle s .near:, mould be Im;nsN a,on
rf t.I I— Inpr—1 1. all ur. tmwtm It ley -[cn [nf
rMmnn ar.
(A) W13.4; F]tan!(,I .1[♦ Ill- led a :rat a1.ideris
lnal orf 1i,11ir to 11, id,oinln9 enwtan lt:el aM round
i-110l -.
D$ -5
"- llalnar% •hart a,l Ile3
PUN FOUKDATSON
VF $.CC011 - .Fz.Sm.
(3) ACTION: Enoch"" Me nel.111irnooa commercial Land 'i
Es ]I riot am Ilan use ee t,t ac tCVates en one
o.rvleln9 me ne •1a o1 tn. l.melle[e
:C1 AC:IDN: r_]Ianll an s an•la rE] b Ou rrlr c rcl al antl
es 191"[111 u ut•If xing lee......NSM.nmel...d
1-11n, arras ono /or e.tety lvl seeeelne.
(DI 9CTTCN: Rrqu ire a slee approval apCl leatlon for all
a+pa[Inll![y ultra tp. 11�rd<r to acnleve
(£1 AC:IOY: Fneouraee a nsl]Lanca in alone ... tuea: thane
a leg In eaen commercial eevelopnent.
(F) ACTOR: oradee the nuneer and 1111 or el9m ....... ry
for adequate ldentlfl c >[I on nr th, nnslne..
e ]I.Moldent.
(hl FINCI.r: Throupn Lrarflf ]err lfa nenane] to adpcent r.......
ana Ilan ->n nem to ee ne L.
(I) DIRECTIVE: In tanlIsh hl8nray comnerclal o.e1.1a to
aeeommMate thrnogs traffic.
(A) ACTION: 11,11 n1R1ay cam erclal centers a6
In tercet Llans alto ,eRlanal nl BnraYa. 11:16 developed.
f8) ACi tl!x: p,In[ Inc conmerel al activltles to traveler
m1ge.
(C) ACTION: Fn courace a p nalstancr In architectural Ili the
,Itnln each -il.r.
(DI ACTION: Strip connerc(al devµnpments shalt not be
.e Itt.d.
(5) ACTION: Signs 11N111 0! )lmted t tM1me ad rert:zl rg o _
• activltles In a s-rll denl t nuM e<r .n a6e lua[<I %n
stle nt!f4s the act {v (!I r]. ae
!F) ACTICN: Special a r enle. atacd>M shall be
eltanll]hel :er r—r -NU .mnent, 1["-191 and a[ruet cr ea.
+-Iles FZ.02:1 Wnllc P.rvleel
I-) FINDING: 1ve]opemt viii r -quire ad.,,.te fuppu rt s ry l ^ef
uhlM rill need to be eaoanded lIllin Ne plann:n9 —,I.
(1) DIRECTIVE: E.1 —..l the d.ve Jorge.[ or snpryrt 1-1-1 a d Inrral[roclurr In on orderly —eno.
C$ -5
h'e lint n,ry 0.aft Oe•11: N]
PLtiI FOUNDA:V`I
PLAN FOONCATIOX
NPenDLen 7 ,""5 ,0
wxncnD - ox.500
w RCl Ull' _anrG lnat< laud M rt rate91e5 vl [1: the
saervleea.
IBI
ACTION: All r sldrntlat ne1Sl:COrnoM. atoll 1•ave
Dt lnn!ry p,cEr —I of I veal
ace• -,, Co at least eve ar-IIIII.
:B) vl.,— al:.,, p reddt.rt to .!nonce
fof
(2) DtAe!TI'l
E: Prdl.^. -t the - resigned ^apaeltY or all ar_ertala
,n Rast rur['re r r•G [ ......
anf
In
the ant lnR a •a.
that Jevel,:n .a he rnieret!a [1e Uun[Y -d
c,e, l:e '::e flnana'lal ...ratio. Mind.
(A)
ACTION: redle.l. arcs] rights nn mnJ ^r anal seed n0ary
arterlsl].
CNAPTEX 3. TPAN.nMR!A:!UX
(B)
A^InX: lel or [rafF tc
operntl ons at 'revel cT I...... Un ]ur leg DeVk hour+.
4.eaa Is .I—1, a -f ' a AI ^r m
a]L sJ. -'Lino t. r 'lallry ^.[hills :I—Irg A ta.t Vt.t!nt
st
(C)
ACTION: Roh Lbit C -st-et parking Mere It rid-ra
alai+, la Unit .d .niter oa Vt r ratla.a .treat Into the
he hl9h vaY de alXn capne''A.
, r, a hY —,d r —le and oat nr d.alna'e etann.l a.
,the
lead., rely =-]'ht and : Pertmeters a aa191.. Sn:e -st stn 1
a'he
9)
ACTION: Create left turn bays vher, neceaasrY
border] the Planning i •oat and prnvlJ•a 'colas o t!e fr• <vaY
C literate— 15 r v ;lannl ^e area rs . b •ni
t em
(3) DIRECTIVE: Design a circulation system chat acknowledges
v.1!.)leat C r,, an] the rbCt•G ere -wY aY nthos plan propo]w
the
objectives of adjoining ConnlnitY ^ ;rcUlatLin 3ylt•n.
n let ... Nn9< at the Dun : - Gnvnn pond - a.l ^9. Peel anal a s 11
the south central
l.d 11 41,clund Jnun vnlrn <
al p ovt r -
so
(A)
ACTION: Adopt road a necard] that are compatible vIth
of :t :- Planning a Wave n[ to IIt 4r DnJ Porn.. at this f 'I. the
those of al,.Intng r ....plea.
Sate MO-1 a + P !eludes Rute 9. vn lch vra le uteI. l!
Ich Role, ]t0 In the + o alto .... to ant o]tate 10 In
III
ACTION: tkalso local and rdlleetor at ..1. to
Pp12M3. Clone on Route 30 a currently planned it farn4 :an.
•Mlllik ^�-t
Ilse —, Chrouyr to ffle elthln r- PIO -11.1 arga.
Arehlhal]. Ibve Cry C eek And Au.nu.a. The future or
- shut. 3J 4] cur..ntil ''Mee acWY.
(CI
ACTION: Cvdrslnate the clre,laticn slatem with the
e1.euL UOn gnats of adjoin[., cune-It. ],
1
vV i ON!^ (or d<r.lnpnrnt In [he planning a e internal
ear ^ :la'ICn .ua[ [e [vertu -n and feaster. toaacoom Mace ..lure [,aerie
Itl DIRECTIVE:
PravlGe sufficient off -view[ parking car alt
roluat]. M1Crld ln9 a clrcu3 vela. aY Sirs. ho,-v-r. ,111 repel re alt yaU a,
n r
revel nf•een[.
- tA. and ]dal
vtr sl nts ouch as r1.
[het. tutsalc
is. MI1 3 orate t .al • The
live
!A1
efr- ]tree[ Rue at par font
X: Mnit)
....... aflaal.. an .at l r. dire Planet l that a
space A rull
seals per unit) shall M roe Boat jell family
-c-llh
ba•o deatan a orderly 1"... 11
11 nlanneanfYat.. :haC r Cognaxe]
.]Idle Cus. project In a location that 13 cpnv ..r ing
location n!ent
Lt. J, n, — and 1••rl Nle: lone. It
tie tcala a ] 1t ^r 111olio n9 ^
for the user.
Item
t n +r..t wary [ consider al [ernai {re [rare! .tGe] to
also it-
-lf•o
aupp l.n•nt to. Prl va t. autonpbl3e
IBI
ACTION: Orr-street parking npa c.] Provided for
.lose ale ly Pill d hall no located or
Seel l", kF:.O JOI Ct rcu lotion
clone to the units for Mleh It Is pr nvld.d.
the tled.
lal F:.VDIW Me p. ea ant widen of development In :he plann(nt a ea
(5) DIRECTIVE: 2uppirt the developosent of the R -ite 10 corrid or
ride+ an ..pent op partunity to - leolSn a comprehen,,1ve an]
nvlrrnmrntallY a nsl!Ive clfrul3tlon tystme that reagents t0
(AI
Are,ION: Id lntlfY the gnUCn 1D cure (do. on the
Ipeol and ..q•dnel taauv.
Cl rculatlm Elan.
4I1 DIPECTIIE: Lalgn a car ^ula tlon ststee to a .date Ideal
(B1
aCTIDX: Fedtect the Pont, 3B rl,nt -or May 11 not
.raf!(c that 31 sit,11 to .1.1-1 no West hIIad].
permitting develd Creent within the planned corridor.
!q ACTTCN: Locate the elrrulatlon syrtn Cut of 3,ic to
(6) DIRECTIVE:
Es.1,1111h opportunities for alternative
a.thack zones and perpendicular to faults when repul -ed
trantportatldn
mores to Supplement the private eutwoblle.
to —11.
Cz_e
W - T
Prellmle., Draft "/1 118)
Pr.!Int —, Raft De /t 1,93
Pu:: Fa..DaT:Ox
'If�,,U - lF-27R —S
!AI ACT:1n: P.,.I'd Its and shelter. 1.
.rmeer -1 ai dn. pn c.f an, P.11e fife areas.
•91 {ri!94: Sgpnce
the i— inCmmt sr s• ar and _-tit
nt• pa. _ _.[,in (ac LLtttes aC�[+e ansi2 node an
e.I ar . -a -io L'c Crnv rc r.
•n ACi.ox: r -qunat tramapbrta Gen Clannmg
aqe ands Lo cal 111", f•'9111t •ar
tranfgrta Lim n ach a tnprsvn. in,
- ^ip�o)ar faepnrted . .sit 'f ef,
ails ±vol arrat r.. n ronus. pre qra
ras']!,.rind Pco ;r ins —Sla Y e es. an _,,,Itng ems
o'Idn at it a 4'a,I and :erl•adlc a."." ar �•s.r
-11, an ce an:l 1 maif.
Ill• A:7 Ile: ratabll ? - .nt -nt, mes Ghet t<.l ly 9L e a a Inq
so- tan am _der win+. as Apvne.l see.
I-WEA u. 4rl:,,
nln the pt an nine a s(n41e
rail:(. letaemed nl' to 'It n also :o La. In a rte Im anae, '+ In, I -all.cor Is been ! ism It lets n A Dart t. the '%m
�rJ. a a+te_y ar 4 uaing types :outdo 1. pr"av:d•d [ - exit (ve
_ a,, reaM na all n cn lena<iTn t+! the
11 Cm, [Ia[I nn t • - t! ;lea 13 •t ad l 1111 foe enaltf t nfrer .e nn
�lv •rinel an Jan 'ar! nit aualrR p ov.alnnf n( the r� tY can nt
ut [I taco to rur4nr Nla 8 =al
1.1 re.IxG: It— 'lists a t•d t. pravlde n v no'aaing list is
'IV fitly- T i— fit and r•aponalve
1n he .,.Lrr.eenta of all !concetenaegre ta.
nl pl.acnit: pros u- ltvmg tea rn•n coca worn ornr .
varlet, sf lifestyle tMI!ee.
IAI A--T. IS.: M1 -v ld! fINCtunlG, (at !SeatbllltY is
a :Iontlal product types through the large aisle
gouaid, prmlect A..ticatlnn o.:I+nn,m IAS :t Tev elopeent
plan.
!g) 11TISte: Pem(t Type -a- roblt.1!.... to iread M.,, t..
rm:Idmmg .tuts.
III the along tebnnlque. that a e rnuirm to Imtalt
nob l!"'07 "11 ve damage the m 1111nent m
1.1.n the c uc Lion nr a n[lana I.e Ilingae
IcclW ln.t, abutrnoI llnit.de d� tree r.movaI. site
32 -9
rrellnlna" Draft a-111183
rux Faux9ATTID1
+r'z —.urn - Wiz, o'oco
preoar et inn, raunmtlon c mtr•m lion and the
Cl ar nr tl•e nnl t•na rht fin de t In
Itr!amuch a laled".11 F ., rvll., a
va! .."11—Y t- on t o nr_
Vermanent ...unl.11nes :nallc ne ..m -If•r .t.
fill ID at t•.. la adequate a :n e a c 1". v
a sucrose o Ul Im the l(a), am1N
(fill In. sae ,r nnu mode', a ' cane., an .Il.n
o
87. .605 r !1a nevelopeener a +m me .— P.1111e
With the oath emtrona••nL
:C) ICTICI: Permit placeeent or Type -A` mnbltehun.a In
my A5, AS, M. and AL %sit,icte .oleo emnpllea vt !h
- e am"d rm palls, qtr 'rite •'.a v [! etssrl ee
L ee m lA ^at inn Ia mu.... br in. Lett r]n
(o) A' -TIOA: Aegalr. reamentlai nvllding mund.LItn. tc
rode(' m natural al sp (m.111. •ean,[p tJ nnal .n ere I,-
details, elope 151.
151.
CNAPTEA S. IIRTUAAL AESOMSES
I. Meat 'Ia11" math ilia +r <n sra!terl Wed br a ....... nr nrt ar al
Re I—PlIe 111I ml cam /an land fares vetch supplies the
enlc•b..d Lap t Alley r',aor al au Cravnlea the tdl'111 nabltat ro.
l lldl t(e Ann •,a (fpm for ge.nedvacer (charge. u ^h a( the am,
lc va,ul
ar the Planning to a tadp la aLtrlbutdd Ln Its t oRn a. A. a and
unique natural Featurea. The fl xeanle portions aru !c Cable •pen
aC +•e If valuable Ird, And the pr es.re.If,n nrrad,1111 -al (pen apace
aeautd beaencour Ied.
Within the vicinity al In, planning It.. there are tw tnnw no. ar
nigh quality aagreeate, an essential buuding material. The knave e
e to t ' - at In the San Mtan aa- CUC Yana c ... alluvial ran
em toeme', t m Ine Lytle creek ran. The ar this mineral
. has an dt been del. rnmm vItdln 11. pl+mmmg A rt Is uxely•
i,a ve.. 4ue to :he elm ll ae][l ea In lucatlm. that tee elan a balm,
sms =Ai•eRate . If any dealnae minerals I xacted. It
.,hula 1• Jnne In a that wi av
-.aid he nlninal Im Paetme the
ens rpnmene one ratn�< e.r•I dtmene.
Vl4etdclan vl to In .he a a la dive. fe vr[h apecl!a hqn the al luv ldl and
esh a ocl.tl On na rd chaps(r.I. brm ad le ar rarest mubrmrmatlom and
It,:, .31deawo•J land a. The latter a(fva a rich cm n!ty if rlparlan
spec lea +M vltn the braadlear rdrnt mMrmrma[(,xl ,neantaln the only
mature 11'13 In ite a Aa anvia te.f .trn the deg •tat LOn l vide
a r l ety ar vll Jl Ile, rrr•hlatdne axurcm are ea C,tl,d Is 1. round at...
the base der the hit 13 Mere nurse 1 apringa ale present.
pp _ m
Pr <Ilmi nary LY Art me,, .183
Mx FnonpAii9N " ^'
vT ec:0
}ryes m[v.al re »nrce] •entrleu [•• to the Laav[Y and env l.onn.ntal
i[t rac[Inn a! [ Ini a '.'ae] t ' -oP 4,a9n1< .'eatore, and I.-
ar :e9 °• nl<Il + - to will oro welt nr
ae o roP.nter n,e e, -n t. nn.......aIIn _, .unlrtum IF Jrop•!]alanntn; and
Solon YF2.0501 h.s,rr.a[Inn o! '+ Pal x.»v
la) Fr.nlxe: . vlla:.5e nyan] ,f -11e Gtanning a a are a
,a....I, ,a oral a .o ore. .�t n enema x prm.m em.r
III rh EC::YF: A,.,, aCCroprla4 land wise ][ra Gt¢ly and
!Band a-n] tna[ I'll n.nlnl:e at t•ra [:M] [9 1»nara MY.
`.n as r,•+: In ,.orate actt n Items ielltl
12.: 1e5 'all L(a) am (eI of Crape er Re.
(e) ACT;av: utilize na]Ir. andior arnn¢n t -tnl Brant tr e].
.A] a a serum avies fire r .ardent
'iva till �.
(b DI¢E ^T r F: - [del vn tan.. .u. tn[sa cm[ (b seer
"I., thtl::Y! + -tn ait.111 -ant n11151Je r!a[vr.].
(9) 1 110w: %,.It fp. nl al aC[enr don to . I.z .,,
C ry MaM vltnln a • r Inpoetant vl.w,n.d] 11 "1'
I n]. r. doonl InlllIF -,,a the 11
l Cl CIOEC:•t E'nnll.nt:fY aetlunn that Wale Inane' the natur!1
1 i \ ne 'Itl If can YOn] and natural amino.. co ors n.
!I) x•=T:LX: rat! protect ne](4 n] that Grn vldr alaual
Ilw si.' [ d, ..n9 mvIran,." by sneer, he he.
.... is and a arad doe ant .e cnannets within the open
role. l prol•^t] and 1r Isod schel ng to reflect !nr
n slued rUarlan ,...... . of he canyon.
(a) Ac Tt's. Xe. ale . ,.l 9n ma9e murn.] where •..Ito
I'd "'. tY is no_ <ow•'+I xed.
;c) ITT tCXt It ti l _. Iral..me -.r]e] as ni[vral to fen. "lf
I.tvc en n.19h]v rn odd ].
In) f(X:I.YL: R.e Ye psil.Y fro
tell,. :IU ppo.[a .I9n(fieant
bt11 1 lalch should he prnery . to the dreata]L
aI. n[ r. ad Ill..
11, .1x ECTIiE: E]tamuh land n e and Ianose a pe 1111-0.1 and
n ard. to .....ct wl tdl lry nml t at] am Inpvr[anc
w.1!a urn.
vizz. �ran0 - va.aoao
(A) ICTILT: vrla l+n ant 11a1ae•1 vltnln can Y ^.n] ",a
It Gar tan o r .. cr vale, related a ll Shall 1. 9 rn111
Illy arter
a !it, apeclrlr n ei Ll9atlen Is rondo,lld
-o .1!rme ur ertmt and fl.%UilY of the natural
ve ;et a[I Cn.
(BI ACTIO: aa
vle clustered aIr,, -fg11Y residential
"I" wR hi canfom wtu rtpa rt an am ran rn. woe.
anmnpedale.
(C) ACTIO: roads and boucle;, shalt nave an ..CroCrlsle
]!rha:k (rain etya ,an ,o rld,r]
(o) ACT :Ox: 1h. Imen -1 ar nit Sur! er!e5 roves wlmin
I lose l an c rr .eon ]nit ll Le cronmued nn less non. t
e!oun! safety hazards ana In a that. will not o
damn ;e the .m sYSten or the BowlIII.
E [aL11 alI Isnd]e a pl n5 ^:+LVelals Soar a .
Tell I 1 I'Joining r unities led that are
na[(wa ere
Been 4n L -eo l.ra nt with r1r. ,eta dent qu 1LIII,s I., ,n" ar a].
IiJ AC: 1C[I: an ......mental as ,men[ for ]n,
land u apps card on re ¢a trinr ,",. a[ locebd In
vlldl'naL a . 4nuun rya nits La Mr rare am endangered
tle one rlora.
(rl FINOIXL:
-intent !III.11 nn (a essential to inn eo nslc well
h.ln. of thin rourly and renvl.... nth v! dncs.lY and•a..Id he
_ pled wryer! sl4nlrlcanl mine l nero]lts e]1]L withl:: the
'sins[ Valley Foo LM1l lIs area.
(1) LIa ECUtT: Fnlo I,! mitts -v betv!en ]and and 1111-1
ett,aollnn and Fired Control project].
(A) ACTIrg; Permit ]and and 9.a eel ea[r.ctt.n attiiti -I
-,,him he llomwar] with !It. aIfl.wal.
(2) DIRECTIVE; c 1,, the ..tr.tItsn of sl ;nl r leant min.rat
d.ro5x bt r t minted: e5 [n. Nrart o
he
hlllzide and canyons.
(A) AMOK: Permit mineral attraction .ctivttin with site
.Pprnni.
tmBoon uF2.0505 Peese ... Hn of ,.Murat
4) Fum ec
lxC slRnir[cant pr,tt lrld r a Niald i he ',at
"I ' Foothill] are part it the heaityr and envlrormenlil
altr.ctlnna or the Chum, and sn,ll he protected from ]xagw or
d"teuctlao,
wiz - n
oz _ Iz
ar- llnln.ry Raft aeA11103
M1el lntn.rp C. alt �93
ra'T •.
�.I
YF 3.OUA -'vR, cU W
lt) D[0.ECTt YE: Arbon tang a rateUw that D.ovect "Ya"An'
Pr:hCs I to In.t, -.s rpm f-a,- ,r aotrdttlan.
I, Arti "A: nrpub'e a nvlrocnnctal [a a n a am
1 -!n aC Cl tcaLlr vuf rtni aCCrn st. '.' In
a r!aa era_ a.e cons ta!Iea sslnle Dr!nt sr arlt sltna.
•,) PuL[w: Te aeon r. or v p +e 1. n uae apace •n lcn cu a ..elY
_^mat 6t 0. .nenrM lT -M .nto tTe -nmv.l tY'a in,
111 raE ^ •
i'.E: .:r"tain open s ... lions. rt , ieolo9tc.
mrl: o not- nool- lOnanaY evaan9er Pu011o health and
v feev and an nttl:t, , ,-tarn am 4amptrtat ton ,IShtoof-
(A) AS IC➢: 1.r ntt the t nsrer or rota -11.1 nenU [y
Gam lain nrt ultnal, (,r 1.11t.nle serve turea.
^an 'he Dltnr.e ra......2 d.ram[m en[ rrn!. an.
at land r
s L *:race to +:tit an , apace •m IM.
+t l: Een.rlt I...:...AIY.
fBl ArI:).: Stanllsn a .sloe.. jet acv ltY on land inae,
d. .elapn -nt lea tr!,[tae .r ulzy < me ,hlth n he
tr a n,! rr.d t rcupn t e Flann.n pealeen.lal Cer.lor-
_� Vn(t re.e mrm.n. apvllotlrns vns, t
( •a. �nm to In tin is unven dth In- Inpror<e -111 he
_ lraR,an ar t c nett.
III OD to le. d,e CtnR no r ..... a des .n the
fnntnllls.
.... OD to ve d int r er
t e n land In the
fno[hl lls alto at I•ast' ar to lrtY
p.re<nt or lean "t, aneean lane arum or lie
twtm ua.
(I1 01RECTEVE: nntanue lullle n ail, or ealstlnt PnElle
.am that is necessary ra, poallc a -al m, s.rar a e v.lrar -.
nl ACTION: Ggrdl ^ace all Monolog all eevemrwent
ae ra t e8le- h.tue.n r.A,orat,le poet tc a8<nt lea.
131 DxR grJ xtE: en to.,r sae th -. none[ ar Pun la air .-ad land
r t . planning a 'Par a D,tva a land heL.er m3tH hr
nt.r site Cra Leettan and 1111 ap-- la.—
In) ICIION: asst ;n ODD ro Drfate ion- uae dtailteld to
ova (3Ib is eachan8e lane.
rLm FODUIa TI ^.x
v F). caoO _ aF 2. COCO
III eu¢nvY uuut• open :Pare :me tr.• :ailanspin, to
1•rine n•IR lI,,naans Ina al srrl ^L nonnearlea the [
.1 •I ln•ate ,11Aea n•tvem Cne na.lira! ana nupr •nvlronme nt.
(A) ACTION: In rsr -k, Mt ton Items "niter `ectlnn
4 2. 0501, still of NIS !lupter.
tst
01' ECT IVE: hoe steps to ..I —age tTe .slenll.h nr Pr:Y ate
r rtrerny In ac.n 1p--
(AI aCT I CH: r conr a4n !Ins[er ln6 at eerelnsment tt retain
open ,Pace tnrmgn a a Incentlre aYStem untl er the
flannea bril Avelnlmr char almll.r ap,l le a[lon prne•as.
'It.. MF2.05 15 _ wl[y P!creatlon
(a) TIN. NC: G,cat r at [on opWrunuo-s In te- plamm.a a
not adequate to serve the Iner.asea ao Prlatlan 1-1h and ih.hld•
be srrpplenentet. '
III DIRECTIVE: hedge hdltlanal recd- etlonal (anlll IIes
,!thin AN, ron+unity.
(A) ACTION: Pe rule recreath..al racllltlea vltnlo IN.
planning area.
It) ACTION: m,auraRa the uae of P.Ntle lane for
r -,.ace .ton Wrp,a.s.
(C) AMON! int.—a- r -t aatlanal .1bol wlLl -a uttnln
IMblau.l rolaenllalrcrnl •e tit.
(D) ACTION: Ea tahllan equ-atrlan trail standards that are
s (allot to aM1je to tea , ^^a nttles.
(E)
CT CIA tden Llry a s Mere O"i nS. n @Ina one
N:
- gnotrlan syatema a.. deatra >le and
ea(n 4lnat In.
CI!APTFP h. SAFETY
'.The pr n•la log a .nte relief and stn., resit c. the foothill, a the
or a ral potential natural naaaMa.vr They planning area lad luc tea
1. A till storleatlY active a rthquaYe a dal Co tenth LY soil,, a
aalta c a the plan a the mI notable he tog the CitaaOnga mutt ana
the Ad hall Fam0. '+tgn]II-111 a Ott ,a ae -n n r !e et pev 4d a
gr_hearaYlnR. Rroum ,nptvre anaeRrouna mu0re.a ra heip prntmt r tare•
aerelc.ment fr gn felrin nazi Ida. land .1. a[ra[eg (tat aev-Inanent
standards and geole8te atWiltn, aroula be regoirod Mrre tavus are little
to tnrerse the planning area.
02 - In
02 - - Prelteinary Craft O411 IIA3
F el lmtnarY mart OA, 1,83
ILAI Fa LxoLrlull
r.Aa ..In1uTlOU
:•.< the
c.,I—d horizontal sutra r!,. -.lane Ya. <t c,r I.MIr
[ e ru 0ae!3I.Y u arlv'r]etY prl•nt'd ' ac ture] Io 6eoltP% 11'
[I,
so, uae of fire reatst :ve cans fl. .nn
.i -11 is. ]t••9 :l3f•a lte:eq .n at anJ a `I /IIY n r•n n
:! also per
],p
lBl t n3M r[atlo standards
e-11
• CO, y.< lea rt9 I�.v n, a -r
: -.,Ltx -a I<. erm (ne [hn r,a] n•tltY []r, 1- 111t[m!n[.
r,IsItX:
,ll.lt erl to c nlCrt�-Gl fill le ].
,tWu le
non ae a v33 In['a •/GOn are aa.
nn i -I nl• a ] T,elle +afr[Y El em <n[ [o, i n Berrar]Inn
• oalna telY 'it >( :h• It a nn :r; ,r ra :] al Lnle,the n•[n •ELI1,rd
IC1 A'T IIIX: Pn vnl rf ma n•Ia Ln rY faM u3 to n.{ar <a etla t <•1
to antml331an of de- Jo{nent Itanal alE prorl ]l on ur
- rvm teat.,. n T Y f: >rn a0le ve4'ta[1•:n. :Imlt-J
<a
ar fire prot•etlon ]errtcn.
ram r, - _.0111- R.elo[m!n
+Lrtn trt] a < viii , :le I,ter!ta1'lnr :T•nre of f.th ]Lxuet -1
(o) ACTION: R"ulre a minimum distance of thirty feet
+. ^, ntJ: InJ it, sta.. -- '-tiro ,al n--.r to +,ea3 >r nl ;nlr
allxen ,e A IJ <n[lal .nits m nleh ore naran areas
,me ..,It— / -4e IA l tan']•'ne Ll.r lot >r ."mans nr! •`-n x ,•filmed
unless reduction m (Ire larard has been whLe✓ed
d] 1, pars Kr`:[, •v to land ,n! ]crate,:,]. reel exr., —It 1,etrams and
tnr nu n the 'mpl moot, [ion of al ternat lve .nl LlY tlpn
]ev lm.. r- ]t avl ain].
me... !a.
4_ . If U :- yl,noMne a,!a are 1.3!cted to flood In area of woe
(E) ACTION: Repulre ]anda,ape plan, Lo Indicate fuel
• the '•!I r•t !a I St lax (1-4 crntr,i tacit It III- ELV •In pm!nt
eMlrlcat LUn fine re at II.,. latr. pnrmwen[ I-II,tlen
,ill,] ' -- :atn [.'end ntrrl iacl :ltle] b be
Nen nr al II.J Se ip ln5.
c a
• plan (or r • hY, At,.... and wine Crne4
rylfir•. -' ..•,r [:Y +r J!, aw11 /nd^•r[ected W he ccmpleced In Ne near
(F) ACTSOY: Re genre . anRenenb mr mamtenane• or open
- ann as Hr<ntrprl va to rrn ner[1<s to ,!dime ft re
tt --
(G) ACTION: Require expanded fuel Or ea M] noel [s
-
=i'•L:'If_ ][ 11, pl,nn!n4 > auNf'rt m ' • In,,
"ds[ree
n•tveen nnv develnpa-, and fu ,bed a a :eft
1
(: r•n and a13,f libl, ]Geis ]Iou1J be taken [a -1U11
•r •1`1 or
.nn eve In red.
/V1
C1nd
Pe ,n .o nfn and r^ , .[) nun nrl.
` v
DIRE:
(111 ACT (ONE Nenvlre procedure to tapl,] .yr,] maintain
:I) ;:'a E: Prmote ru'I n na4^ment pru4 ram] to tMSe ar.as
r i re but re,] Ito,, AI] st re <ta•atl.In n Ie]I d e.ItsI
e._ . t. Ind tnr -al el +sienna fir A.
ernJ<et3.
:A) Ii; fo'1: ,ave In Girt
(3) PIRECTI'!C ".It land u at ra[glu confide l,e to fire
s
QI -P,. al 'E hig nett Frogrsm ar s.m: br'r,r,ram aRer,
r1AnUnR •rrc,,t
-ndI.
(A) ACT IUN: Tr ... I- densities and -lust,, aevlloment to
4e1 ACTmx: ES Ca^ tun+ yoc•d.re to ,.gn: re participation
inrreae :111,1 mete] in rlryuhq structural [tree
'th<
In 1M cnap.rcal me<rlene Prngnm n Hotta, rrxru
:cp In LM r(re retard zone. through Mobbed UnL
"e'nla [,c C.,tt •s fev clop fin v e, [n! pl ann nd Init
e.r:L,tecal or ]lnuar appticuton
^a
1.) OINICTIYE: bvelap'be Infr.1tructwe d,,I,A n<MM to
(O A'a lL x. Be lul re P:el mna4 en ent p: an in conJfin er inn
Li v<I handle future (l re(l0.htinN re 4'al resents In the
a pp 111111 nos far r.]IIIA "111 I'LI411A perml,s nn
pl >nni ny a
11 an ...
or o[e 11, loco Ir, •I 11 in ton oleo It,. naiad sane.
(A) AR M: Dvelop 1n1+neM circulation vi thln .J.c,a
O; CSRLQI!E: Adopt •f3 r• fare' ]GaM arch ad aNV s pet lal
Ind tmprovea a a to ou tlYl nR a , for err LC tent
d.•.emment .eq.o-n]en[s ru. ues. +,n3 ,..n. 1 -n [),.
ent or rl rfrl Allttn6 eg•/Ifinen[eand In- ]af^
Poreat o. vI Island It
.val�otldn of r. afd enb.
(l) AC71Cd: Pe.(ut,e d— la"ItE NUlldial ][and arch 1da1ed
to bIllslnq setback]. Ir ft.[ and SNlnq m c<rlal],
DIE - is
C] - IS
Prfl(minary is It 04"1:9)
h el lm mart 0.arc gP,I I,XI
0
KIN rnts"Tille
VF_.00nO _ f[t.uf 1.
(]f aC: I'.v: a dnlr..,.Co.,. + :tl rtre eY -rants and
.'l era : .ar lane^ rttn :rl[er la .::1 2" ed by
t:l Flre P e[. ct.on Dlftrlet and '%aunt'/ I",
ton a _..'ACS 'la____
(al I - YD1:1a: nod na:a rd] u{thtn the :InN.lCE a .1Rnlrlcant
an.] all (r'v ID:e ]:n p] c oulf ]e' n [o rHUO the 'I".1 to
:1(! tnd pr .pe rtY ^au]H
by t.aoa l.ne.
!U pIIECT:'E: setts. Lord a [e ;1m ana develacmec[
a[AnoI ,a to m: t{qa[! (I—din, naaa Ida.
C2- v
7r.11a1narY EN-art Call LIU
PIAN FDUNCAT fcx
DDDD
- .Phan InF2 -.hhu G-1. in
1.1 Flop Nb:: prr[l.na u( [ ! pl annlup a • —1 n a4e
rau l[ alt r•af lG l ea uuldr be -
tnrut ;o 111, and pr+rper[Y .'r.va pnvlhle c'aeY.tt(•
(I) UIbECTIVE.' E]t,CIIbN ap!v tai .!inn IC st soda r.:a ]no
rob 1,1nelnm nn ruture dnvelppoant.
IAl t.:..: .1.1,1— ap tai aeo le Yle st ud lea. [ rmt n.
I' 1Lkell Mod of fault ruplof- and L ea LaE l l ahte
ap,,prlate ennatru.:tlon aetCanks from �acirle vault
le) ACTtng: Yu 1 —1, (or MIC- n1euP -1 .1 crib —I
Inclulin, ] anl+, rlr- and pnI l ce
fecll lttm. rater TINA, . nr vol n..tc
or la catton shall tnclule Inv ea[I�a[ or e-
-ovd lttnno on ehe alts ana ]heu nonea1.0.", sultxln
150 Ile, or A vault round to be potentially t.IL,.
un leaf e[ae rvl ae rec mmne M ed tY a r- 1111.1.d 6nn la R:s;.
(r.) ACTION: P- IL residential development r[thin the
nlgnnt-d fault t s but prphLbIt hahttal structure
rtthm IN. rem mend a.r,t, attna -Y.
(o) ACTION rage In. n .r t tm [vrtlnnf
or the lame -me ror recreau .cane cCmnon avers ...P,
pnrw fed.
IE) ACTION: MIllty lines and ]treeb should not be placed
nthtn the 1-11 f.emcY :one a c.pt ror don .,-ir,
MI ^h ran be ,Ai rerremlfular• to the non etrat, or
-m.d by the project geoluXist and appro—d by
therr.v lerl n6 aulhortt,.
(t) DIRECTIVE: Establish resldenttal lend o]. rtrateglaa Lbat
tN. threx t. "1. and pr.P,rtY rem [n 1,NI. fa eac
aetl.ItY.
(n ACTION: Fstobum a —III-11.1 J-11, or up Is
.1 —IMPA p n land north or .and ^rowed by ohe
uc anga TALL, rtWY Gone.
tb) FINDING: PdrtlCNs of the rmtbllls and natter ]lopes are
subject to a]vvae AeolCA le condltlam An.l all re.alble .1,1.1 yM uld be taken to reduce the threat to III, and property r-an
landslides• slope umtnbuuF and rtun
(l) DIRECTIVE: Eatabt Lab ]MClal aInndards and re Vuirement3 per
ruture derelolwent prep.A Id rtth[n the r.atbllb and ar As
C......I.. Potentl.t un.t.bl. anus.
02 - la
n <unlnnrY Draft ou /11/03
(Al
ACTION: [J.only [n1 -11.1 II.ra 1atar,1 area].
!dl
AC }tpM:r oNlJlt ac :vlrl -f 11[.11. Sd en!I r(ed
r:a Nra YS l.at -.:I 1 er rere + It No INAbroll
=a Dan lI n cutJ ]u0 ]t an[1a11Y In....
]l ltaa on or ame.0 l]e .11]mre the er
41)
AC: 1C.: Gfanourade the C-Ir r f.a d lvt ]l on er and
+IL,tn I.le]t bled If •J Ynar .rinod pl aloe anvil ad
r1coJ Dr a teR ion for [.e .,,A it DI -Id...
D,,,,Ct de]1gd L
.ax• r.cnnl- rt II ]e po.pe'LY
ufwm vlthr c,muneY «o-fe drat -at raauwe].
Or
ACi ICX: Pev[n 'so lAd)..1 debt n to Insure t .1e
, a r' od
alopee ad) -R r3nnd control
' t
sou me] atnn <omd ha ntonw.d out ro fl npe nuero.
be II
IF)
ACTMN: C. ],,.at. - :oM rate AN Aura! i I-
ON .n tR. CenerA, plan and 11—d-1 be to, OI]trle[
QI DIN
U PIVE: Map[ n ory AIa11.g ] arils [ mi
to t.n
u.t rbMmA 11.hleaa as ].nla trJa ath [on]baecm..
I l
ACTION: Ae.tulre teat ve a b. taken to cbns.-
-..No rr I_ e..etr...uonaf a.].
(B)
ACT iJR: Oeou!re p,_It r .eg aGitldn and /o, dev.l.cnent
on C—Iy graded Sit, to .entrdt rro el On.
(C)
ACT IC11: 1an1r.a1 Aratt,a 'aD. raC ion] C.11, to! ratty
(DI
ACTION: A sa NI.. ,-1 1". NAY fe 1.1utad 1n t -
.n AN
lR )ueu an
C2- v
7r.11a1narY EN-art Call LIU
PIAN FDUNCAT fcx
DDDD
- .Phan InF2 -.hhu G-1. in
1.1 Flop Nb:: prr[l.na u( [ ! pl annlup a • —1 n a4e
rau l[ alt r•af lG l ea uuldr be -
tnrut ;o 111, and pr+rper[Y .'r.va pnvlhle c'aeY.tt(•
(I) UIbECTIVE.' E]t,CIIbN ap!v tai .!inn IC st soda r.:a ]no
rob 1,1nelnm nn ruture dnvelppoant.
IAl t.:..: .1.1,1— ap tai aeo le Yle st ud lea. [ rmt n.
I' 1Lkell Mod of fault ruplof- and L ea LaE l l ahte
ap,,prlate ennatru.:tlon aetCanks from �acirle vault
le) ACTtng: Yu 1 —1, (or MIC- n1euP -1 .1 crib —I
Inclulin, ] anl+, rlr- and pnI l ce
fecll lttm. rater TINA, . nr vol n..tc
or la catton shall tnclule Inv ea[I�a[ or e-
-ovd lttnno on ehe alts ana ]heu nonea1.0.", sultxln
150 Ile, or A vault round to be potentially t.IL,.
un leaf e[ae rvl ae rec mmne M ed tY a r- 1111.1.d 6nn la R:s;.
(r.) ACTION: P- IL residential development r[thin the
nlgnnt-d fault t s but prphLbIt hahttal structure
rtthm IN. rem mend a.r,t, attna -Y.
(o) ACTION rage In. n .r t tm [vrtlnnf
or the lame -me ror recreau .cane cCmnon avers ...P,
pnrw fed.
IE) ACTION: MIllty lines and ]treeb should not be placed
nthtn the 1-11 f.emcY :one a c.pt ror don .,-ir,
MI ^h ran be ,Ai rerremlfular• to the non etrat, or
-m.d by the project geoluXist and appro—d by
therr.v lerl n6 aulhortt,.
(t) DIRECTIVE: Establish resldenttal lend o]. rtrateglaa Lbat
tN. threx t. "1. and pr.P,rtY rem [n 1,NI. fa eac
aetl.ItY.
(n ACTION: Fstobum a —III-11.1 J-11, or up Is
.1 —IMPA p n land north or .and ^rowed by ohe
uc anga TALL, rtWY Gone.
tb) FINDING: PdrtlCNs of the rmtbllls and natter ]lopes are
subject to a]vvae AeolCA le condltlam An.l all re.alble .1,1.1 yM uld be taken to reduce the threat to III, and property r-an
landslides• slope umtnbuuF and rtun
(l) DIRECTIVE: Eatabt Lab ]MClal aInndards and re Vuirement3 per
ruture derelolwent prep.A Id rtth[n the r.atbllb and ar As
C......I.. Potentl.t un.t.bl. anus.
02 - la
n <unlnnrY Draft ou /11/03
r a1
PUN FCUNCATION
Pux FOInID.Ttax
1 vp�enD = +E Z. Deno
vF:. saD - aa.ronD
C9APEER 8. ENVIRONMENTAL CUALiiT
III Af Tto.: Special ge]teennleal ]t ut lea !ball be 111.1—io
ewla ae e
!ar ail cr of • =[] P.emaeJ rl tlln ere rn utnll to nv
'd thou proper ontrol1. e•vele e.bt +lthln the pl annlns area po
l:a.
.rla:n ]Y former n •r latln4 T +r' .n
!15n (I :rant [e rrn[ •r [he •nrlronn-1.1 Dual ltY >f for fees thl
'V
Je[•rn l mod] ' • llaeirli•n.t orr8 ro one tailor• ane
iIl.e� +rr. in roes en app cfr ra[• rand u.!! !........ p. 1 anal area ane bona.
.a fat l l< Ann h,l on ter wile clan.
in. ealan<e e.t v..n wn'.I rnnmeneal gnall[r no bwnan apll luea "an e!
Hal nlal not.
151 tc: ev: ..... am ""a foal] net ee plac!E
a fallwn[I(l<e as baving + Cetenl:al (ur lane
+r[lon YF2.D801 11, ..1ta
allcre +CI<fa fall maple ff carrert <J.
'
(a) FINDING: quail[. In the plannly area fneule be pot!et•f t o
epl
O;l AC IOV: Apply .. eef,al grallnR tecnnlqu!a [
- ptr
one 8r ea tea[ talent !•n 1Ele [nroe8n tli pool n8 prodran.
(or vie ntf at ]top• :bat poll tai M!r! en -fl[e el afv pal
'll DIRECTIVE: Adapt land uan vra ee84n Mr lob rMUCe .bit!'
a, n!va8e •ffl ... I IN p-pin -I.
(r•ev<ner ane lery[b.
IAl ACTION: Mapt Rotten at +taa..p MDer Sodden
C9n P: rR f i•.EPSf
' -
YP 2. ]]0112)(2) In Chapter i.
Cool biro tall la rnla'a r.ple rate of 8 -oNh ane d.- ala{nent 1n the lap[
121 DIRECTIVE: Free non the na of tramporeatldn npe!a goner
rat n•cmn n a eon a enwnl!d be a tr•mrneous Iner•at• :n tee
than LM autan eO ll a .e
.mare r+r erg 1. Tn as [1arY tbla ote-1. Incr!afee
arl—IN
If r «ey ..].poor afde M rrµon nu become +e an. In
GI AerlD x: adopt Mr fen tea tow enu ore er Set lob
- of J: +InueLns r ane r n ing 8rov[n. It z- odor
e'!ae
fL
62. D i011 a11U In Chapter i.
that oVA. , at W. old 1 -11 Dregrae
u It aa[ef —il, l p'�Anrto saelffr (uur< emend. En"91
(o.] n Ceo] a thrangn joe,nrml— plannlne a
+ee In. YF2 oSOS Water W llt1'
_a
I•. alb end !t a:egY or -at I. nav a I-A-11 on-leeelocee ar•s.
for
1,1 FlxptxL: lbe piano tog a on[rleutu to one a e
p
.. - 1. ,ne eo vra a ...n eo mltl ea nna all mw au nee. parr [o
nee
< rtmn aF2.0701 Conservation
-
prnteer. that anter rl.plity and quantity Ilwnla uYen.
rat 11x111w: —ary n. Imw yen ne mrat ane n......t
(ll DIRECTIVE: The ev l!v of all rr.11Vt' anall Inalrge ape<LI
Ana senmn a. mrarpontao .Ithln the pl annln, oroaran mr
anvlelom to mulhlae reglgnal +at.rabee pe ryes la ct nn and
-he ••pa faun Ffetnflls area.
minlml_e <.o pion.
Ilr OIVECTIVE: f - -an pnap: p. •a p• of In. prnat! ao ten oe lie el
Mope Recurs pomp In Clod a qn vFZ.02as(el In
u) Ann
. run ;mR Le!rnallvr mol.p or [ranfpgrtatlon. aver!
vp z. asDlt and (e).
W
,vp espy fat e.
ane al(ng)
IA1 Atttcx: h-Ld. elercl! 2nD p.autrlan 1-111 along
(8) ACC, .opt Mtlon J,-N In `e<tmn vF2.e6051a1(2).
oaf +r n - rY one other cr...: .o n[.s. m.e<.
to Acnox: Encourage t na of r.a amrd .axe ur
.'pIopr nro
hen - atteopDoka,. ..Beetre t—et e•velel -d vlthin
wa
IN) JCTILx: Adopt M'lon Items larder Section
tre plannlne a es Wien ante elz`harge r•,I—entp can
:TL 0a,011a116I. to Chapter 3.
be nab.
3TRE.'.IVE: Mupt efficient land me aA1.1ASfu Jllch
(2) DIRECTIVE: Permit on -altr Softie sYstaet Mt" lot" t-lltr
(21 enerBY
reeun .Inlet. [r:I fllllbll and teneth.
dill net Oa lnpard"ed.
(Al ACTION: Place Lbr hl,.er denaltl r.,LdA.tlal
(A) ACTION: locate aM depnrlb. an -alt. pep[IC a lepi on
.fe +e:opeent fd lacrnt ce nelgboorb -1 1- aaerelal olle .
I-1 in anent plane.
la) ACTION: t0b2ce neighborhood c total facilities an
sites that. are c.ntralJo-d andocenvenf <nt for the uaer.
Dz - ze
Pra In m.rr hart 0/111113
Dz - w
PrellnlmrY Draft 04/11/81
0 •
•
!BI a11I1N: MGt < or9a N n_Y '-1 - Lla[rlc[ at[t,a
crl [!r1a Tnr .... a•p[ 1Y1L .•
lc. lv! cyn
•:) a T!,N . ur ,4e []e •St an ll:Im enL nr !�! an -,It•
.1, •nr„ n<nG :-,. Tor a GLd.11nl
(D) A-TeN: 4-1,!- c
c .clal ero bcto a a,tl ent l,l
Grol -e Ie.)ai. x r err pvq;hp p..
IE1 I:[3',N; i.. nlL c :eii•e•lan anC [
�G�r.�,n1 ar Lne . -.gym ns!a •a
.11r��t Inn l.[mm m -1..e Sr3e.T3.
(ai F[NI e. Tl of as N• nn l3• l.vela rill Inr
A n•tn ,r. .t t.:l, rE- p: a t. I a antl all (•aa!Ller'a.'aaa
I-L • r•, _a n.n. �. � !a —I 'l of (e n. on (+:ur!
!11 D M -TIME: E, bL113B SIZt, dM 3 er lon a[anu,Ma Ln
..ttsan! :7u m-a•m fr- - +o t(arrw cor.teors.
[A1 AC!I: X: 1!,,,rn [ Sup +t'[at nT a dat Seal
n: 11 ,1, att n :al pr nJ - t .Ill ]
r, q-n� et^ n,pac v.t ny -.v lit tn4 -t 0 .a pl c'aerut'+ -e no..e
'� sm•r, - tv vinr [rang Cr .. lrn m rl ar,.
!B) AR. ^H: Elta]IIL, 11',11.1 Sl:e pt annlnq ftan�aMa ur
adj, t n I mon plea t. -!C UC. n >11e i, pac rl.
(:1 ACT: .N: 3-1— ' -rlar r-W-n_1,1 nolae 1 -v.la 'r-an
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un tae ar. aa.
hll lm lnarY �lT. CV /11:9?
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i�ST Vplll`( F0DlptllS ,�;, ,�,,�Y
0
Review of County Proposed
Policy Package
Page 3
February 21, 1983 -
Note: The County legislative advocate has advised the staff that this
package is a proposal to Cities, and no proposed legislation has been
written. It would seem then, that the County will wait until a majority
of Cities respond before making any primary changes in procedure.
lt� c 1
I
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0
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-3�: c,,O-A
CITY OF RANCHO CUCAMONGA
MEMORANDUM
DATE: April 8, 1983
TO: City Council
FROM: Jon D. Mikels, Mayor
SUBJECT: Proposed City /County licy Package
Please find attached copies of the County's proposed policy package and
analyses by LAFCO and city staff. The first two policy items relating to
annexations should be evaluated in terms of their impact on future city
efforts to annex the Northern Sphere. My personal position is one of support
for staff's recommendation.
Policy Item No. 3 regarding redevelopment MOU's, I have referred to John
Brown, Agency counsel, for comments.
Item No. 4 would simply permit City use of County's legislative advocates when
both parties agree on an issue.
The proposed Foothills Community Plan, which includes our Northern Sphere
area, will be presented in draft form at a meeting scheduled for Tuesday,
April 12, 1983 at the Rancho Cucamonga Library. The property owners' support
of the draft and the City's reaction to it will be critical in any effort to
proceed with annexation. I have asked our planning staff, by copy of this
memo, to analyze the draft plan for the City Council. Of particular
importance is the consistency with current city policies and the compatibility
of proposed land uses with our own General Plan.
JD!1: baa
attach
cc: Lauren Wasscrman
Jack Lam
14
CITY OF RANCHO CUCAMONGA
MEMORANDUM
F
DATE: April 5, 1983
T0: Jon Mikels, Mayor ��L�;�,
FROM: Rick Gomez, City Planner / / ;(Vojj
SUBJECT: CITY /COUNTY POLICY PACKAGE
ABSTRACT: The San Bernardino County Administrative Office has
distributed a City /County package program of four (4) items intended to
facilitate better coordination and harmony between cities and the
County. These issues were develped as a result of concerns brought up
at a City /County conference at Lake Arrowhead. This memo is intended to
highlight and review the key points of these (4) four items and address
any impacts that these may have upon Rancho Cucamonga.
ITEM 1 - AW4EXATION TAX TRANSFER FORMULAS
BACKGROUND: The County is preparing a property tax transfer policy for
annexations to cities in San Bernardino County based upon the need to
establish an equitable method for division of property tax when
territory is annexed into a city. Recognizing that costs for
municipal -type services vary with the degree of development in a
specific annexation boundary, a distinction has been made between
developed and undeveloped territory. Property tax transfers for each
category of annexations would be as follows:
For annexations of vacant or undeveloped properties totaling
less than 100 acres, the present formula based upon the sum of
one -half of the difference between the city's historic share
and the property tax for services being transferred and the
property taxes for transferred services.
2. For annexations of developed properties totaling less than 100
acres, the League of California Cities formula would be used.
LEAGUE OF CITIES PROPOSAL FOR TAX ALLOCATION
A kW = D
A +B
Where: A = Annexing City's prior year's total property tax
revenue.
B =County's prior year's property tax revenue derived
in City area.
IuJ
City County Policy Package
Page 2 '
0
C = County's property tax revenue share generated
within the area to be annexed.
D = Distribution to the City upon annexation.
3. For annexations of 100 acres or more of developed or
undeveloped properties, the property tax transfer for each
annexation will be negotiated on the basis of the special
circumstances applicable.
For the purposes of this policy, developed means areas which are
residential in character, wholly subdivided with 75 more of lots
occupied by residential structures. Undeveloped shall include areas
residential in character, subdivided with less than 25: of lots
occupied. Annexation proposals not falling into one of the above shall
be determined to be developed or undeveloped by agreement between the
County Administrative Officer and the City Manager.
AN 4LYS IS: This item specifically refers to a change in the current tax
transrer for areas of 100 acres or less. The current formula provides
• the City with approximately one -half the amount of what would have been
the City's historic share that remains after the money that goes to
special districts is taken out, in addition to that portion that was
given to a special district for a service the City will now be
responsible for. The new formula would provide the City with close to
the full amount remaining, rather than one -half of that amount,
For developed urban areas, this change in amount of tax dollars received
by the City may make the annexation of any particular area
cost - effective. For certain types of land uses, particularly
residential, even the full amount of the taxes transferred to the City
may still result in the area being a financial burden rather than a
benefit, particularly in light of the financial difficulties cities are
experiencing in general fund services.
The effects of this new tax transfer methodology would help to provide
consistency to the process of determining a property transfer. Since
Rancho ricarnonga more than likely will only be considering annexations
in primarily undeveloped areas greater than 100 acres, it .vi11 be
subject to negotiations. It is likely, therefore, that this policy
would probably have limited affect on any future annexation procedures.
RF.CO'1ME!1DATIT,1: Support policy of new tax transfer methodology.
9
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City County Policy Package
Page 3
•
ITEM. 2 (a) ANNEXATION PROCEDUREM) SPHERE OF INFLUENCE
BACKGROUND:
a. Proposed Legislative Changes to Annexation Procedure
Where annexations have general support of owners and residents, it
is proposed that the conducting authority be empowered to approve
all annexations ;uninhabited or inhabited) unless a majority protest
is filed by a majority of the registered voters within the area
proposed for annexation. If a majority protest has been filed by
owners or electors, the conducting authority shall have the options
of calling an election on the annexation proposal or disapproving
the application.
b. Pr000sed Sphere of Influence Legislation
It is proposed that where territory is within a sphere of influence
approved by the LAFC on January 1, 1983, and a city initiates an
annexation proposal pursuant to this policy and the annexation
fails, the sphere of influence shall terminate for five years.
ANAUSIS: This policy package also discusses changes in annexation law •
whicl Mould ultimately result in amendments to the State's Municipal
Reorganization Act (NORGA). Current legislation for undeveloped
properties requires that the city proposing an annexation terminate
proceedings if written protests have been filed by landowners who own
50% or more of the total assessed value of land and improvements within
the territory. These changes would give the City a second opportunity
to proceed with the annexation if deterred by landowner or resident
protests, by allowing the City to hold a special election. If the
annexation is voted down at the election, the area is then taken out of
the City's sphere of influence for a period of five (5) years.
Similar procedures have been established for develooed areas as well.
Current law states that if 50% of the registered voters, or landowners
holding 50[; of the assessed value, file written protest against the
annexation, the City must discontinue annexation proceedings. If 254 to
504 of these two groups file written protest, the City has the option of
holding an election. If the election is lost, the City must terminate
annexation proceedings.
The revised legislation would require 50: of the registered voters, or
landowners holding 50" of the areas assessed value, to submit written
protest against the annexation. If this occurs, the City then has the
option of either terminating annexation proceedings or calling a special
election of the voters within the area to be annexed. If the proposal
is defeated by a majority of the vote, the area will be removed from the
City's sphere of influenza,
145
u
City County Policy Package
Page l
Impacts on the City are two -fold. First, the opportunity is there for a
second chance at convincing these people that annexation would be
favorable. This nay or may not be a repetition of time and money as
elections tend to be costly and no new information may be available to
sway the residents from their original perceptions. Secondly, if the
City loses an area from its sphere of influence, it will lose its
planning authority for this area entirely and open up the area for
annexation by other cities (in our case probably not applicable). The
County may also subsequently proceed to plan for these areas at its own
discretion. The San Bernardino County Local Agency Formation Commission
(LAFC) in a letter dated March 14, 1933 to mayors and city managers of
San Bernardino County has taken a position in opposition of removing an
area fron the City's sphere of influence if an annexation is defeated.
RECD '!!-' E';DATICA - ITEM 2 (a): Support policy and amendments to the
Municipal organization Act 110RGA)
RECC> "4E9CA "I O:I - ITEM 2 (b): Oppose proposed policy to remove an area
from a city's sphere of influence upon failure of any annexation
• process.
IT-�' 3: CIMCOUIITY REDEVELOPMENT 7ISMORANOL':•1 OF UNDERSTANDING;
BM.`,GRO'PID: During the last year considerable discussion has taken
place regarding possible chances to redevelopment law. The purpose of
this policy is to avoid what has been seen by the County as abuses in
the city's use of the redevelopment procedure. The County of San
Bernardino Administrative Office has prepared a Memorandum of
Understanding (1,101J) which is focused on changing the fiscal review
process.
ANALYSIS: The County has prepared a draft agreement for a Memorandum of
Understanding between the City and the County regarding redevelopment
policy and the fiscal revie.r procedures. Generally, the policy
formation on the fiscal review process has followed the characteristics
whirl our City used during the review process of our Redevelopment
Plan. There are several factors in this policy which are not now
addressed in the redevelopment law. In brief, this section includes
requirements for:
The responsibility to present information and analysis on the
impacts to each of the tax entities within the RDA area.
The identification of impacts as 'a result of the RDA area.
3. The recommnndation of possible remedies to the fiscal impacts.
M9
City County Policy Package
Page 5 '
•
The use of an t4OU would include the following: a methodology which will
be used in the preparation of a fiscal review report; and, language
which the City and the County agrees is the intent and purpose of the
fiscal review process. This provides that the Ctiy will not undertake
redevelopment without considering and evaluating the concerns raised by
the affected taxing agencies as to the "fiscal impacts" demonstrated by
affecting taxing agencies through independent fiscal studies conducted
by the County or the affected taxing agencies; and, will incorporate in
the Redevelopment Plan the necessary time and dollar limitations in
accordance with the requirements of the community redevelopment law.
The following areas could present major concerns in any future RDA
negotiations with the County:
1. The t40U would act to make the fiscal review process mandatory
on the part of the City and the Agency. In addition, the City
will be required to provide "data relating to increased service
costs of the affected taxing agencies and a description of how
the affected taxing agencies will finance increased service
costs ". Further, an analysis of alternative and supplemental
financing approaches in addition to tax increment financing. •
2. The policies lack any specific recommendations for what
constitutes fiscal impacts. If the policies are to set forth
greater guidance in the operation of fiscal review, then clear
criteria and definition of fiscal impact is necessary.
3. The MOU suggests recommendations for redevelopment agencies to
mitigate any fiscal impacts. This could limit the negotiation
process during the fiscal review process to achieve
mutual /joint solutions to mitigate any fiscal impacts.
4. Tile MOU lacks any specific terms in timing and response during
the fiscal review process.
5. The 'IOU would reduce the ability of the Agency to use tax
increment to assist more localized problems in accordance with
redevelopment law and could in fact discourage the use of our
20:5 set aside.
REC01440NATION: Support the overall concept contained within the
Memorandum of Understanding. However, suggest further clarification to
language which addresses concerns mentioned within this report. Also
refer the MOU to Agency legal counsel for review of specific language
and fP.irther limitations in regard to existing legal limitations.
L�
147
City County Policy Package
Page 6
•
ITE ?1 4 - JOINT CITY /COUNTY. LEGISLATIVE ADVOCACY
BACKGROUND: This policy recommendation would allow for the joint use of
the County legislative advocate by the City and the County on items of
mutual consent. Moreover, it would provide the designation of
City /County representatives to review legislation affecting both
jurisdiction's needs.
ANALYSIS: This policy would tend to strengthen the bond between the
City and County in areas of mutual interest and would strengthen this
City and County's voice before the legislature. It appears to have no
negative effects on the City.
RECDI',"IENDATION: Support the use of a joint City /County legislative
advocate for areas of mutual consent.
RG:jr
l J
9
f Y �1
' TvT,3ER.;. ^TIV�
352299. uninhabited proposal: rescluticc to =_`,satin, proceeci-.=
r •
or orde na annexation o` detac=ent; ..
When the territory proposed to he annexed or cerachec
is uninhabited, the conducting authority, not more that.
30 cays a`_te= conclusion of the hearing on protests, shall
adopt a resolution r„akina a finding regarding the vale_ of
written protests filed and not withdrawn and tasting one
o£ the following actions:
(a) T ^mate proceedings cr order the territcry annexed
or detached subiect to the co::'_i - :.ation by the vc_= __
on the cuestion, and call a special election and
submit to `he landowners within `he affected terr&itcrV
the cuestion of whether it shall be annexes tc or
detached from.. the city if written protests have h = =_n
filed and not withdraw:, by the owners of land and
improv=ements who own net less than 50 percent of the
total assessed value of land and _rc• :e -.e nts wit*,-_;-
the ter_ ry. If the Prcrosed annexation
obtain roval cf a malerz t; of the eleccers a_
srecia- election called pursuant to this s=ection, the
conductinc authority shall terminate the proceed_cas.
When proceecincs for annexation are terc,inated _ _=_uant
to this section, either before cr after an eleccicn on
the question, the territory which was prerosed for
annexaticn _ha_', if within the sphere of _rfluence
of the c4ty to whin the annexation was _:cposec, be
withdrawn fro-. such sphere of influence -or __v y=ears.
(b) order the der^ tore annexed or detached w•ithc.:t an
election if r writs_n prctcsts have been filed and not
w'_thcrawm by owners of land and innrovements who own
less than 50 percent of the total assessed value of
land and _-_rovements within the territory
The value c- _ :c: ^_- .e. ^.ts represented by such _rotes_s
shall be cote=; nec in the same_ as the va'_'-e __4
land is dete =.inec.
•.l u9
ALTE32VAT_IVE ?_::d :ATZO:: ?30C -Jti?.
3522SA. Inhabited proposal; res_ution crderi= ennE'rzt_cn or
detachnne ^t, with or without election, or ter- _n_ -_....
When the territory proposed to be annexed or
is _n'- abitec, the conductin, aut:ority, not -..__ than
30 cays after conclusion of the hear :nc, sail a _
resolution making a finainc regarding t..e valna o° writ -en
protests filed and'not withdrawn and ta..inc one o'_ t._
following actions:
JJ
h/J-h �i f-r!•r i �i Th:i ri �i�i UN� Vp ydr' -CFi�� Y•1� nr.6r �:
1•'[d Fi J�fMJfdn `(yJ'F //'�„J Jl YVJ �6`(J � J! ^fJ ..v.'n
i �' LrrrFn r.— hF Ph�PH• /•F �.-r. ��r rF fr. _
pseeeecincs or Order the t___-tC_Y
annexed or detac:n. subject to
the voters on the ccestion., and cal? a spacial
. election and to the voters _.._cczr.c w_,.4-i.-.
the ae__e_ ___..__o.ry the C'v ° ° -i C.. 0= 4:n__.',er it
s: ^.al', be anne =_d :o or ce-ac`,a= -. th_ ` }.y
`'_Go
wr:`tzn __ -s have been _ nor w_' a-
b:. e'__..__ t° 50 nercenz cr more of r __ -e._=
voters wit.._-, the ter__tory, or 17. 50 pc_rcent or
more c' _he of owners o' land, who also own
not less than Z, 50 percent 0f ,.,.e total assessed
value of land withLn -.._ territory. I` "he pr;;, 0ssa
anrexa -_ca fails to cbt_in approval of a ,..ajcr_ -p of
the electors at a special election called pars'ca-.r to
this seccien, the ccncxting authority shall to =f hate
' the preceedi -gs. t2he ^. ?rocead ?cgs fog annexat :on are
pursue.._ to this sect_., , either bed,._, or
after an electzen o. ^. the cuesticn., the t._r_tcry w' - ;C.l
was proposed for shall, if ,..._
sn ^,ern of i.^.__t ;_nce of the city to which ..., ...,_.._, cis
w _ _ _,_, be w'i ,..._. atOn °r..... sCCh sp'nar_ of
^
O`s_ the 'crr__or, enn_ %ed or detach.__
(b) .-
an elect, or, __ ..._,.en protests have been _4411 e- and
not withdrawn less than �° '0 percent of the
registered voters within the territory and less than
1�
3522 8A. (continued) •
-75 50 percent of the owner: of lane who own less
than Zr 50 percent of the total assessed calve o`
land within the ter:itory.
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9
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COLT."! OF S 1
'v-i VNA.ZDTNO AIND ':..5 CT^L OF .L-Cn ?7 -nG
y5 ^. Jtii._SFTi?:T rySG ?R0., z-
C -?': On W'vti^_' wv _SDTC IG ?:
1.00 'POLICY - CV.?A�"L Co"Z `! ?0:,-Cy '.•T! +G LS. �'f ?. _...
The Hoard of Su?e_v'_scrs (the "Hoard ") of the County of San Herrarcico
(-- -e "County "), enco'=aces the location of sound develop -tent in the County, whether
that ceve'opmant occurs in cities o:'in uninco_ ^__orated areas of the Country, The
Hoard also sa_?orts cooperative enceavo_s anong all cover=-ntal acesde=_ toward
".e zc :'_eve: -°--t o: _ ✓ic::al city a ^c Cot::,ty eer.ertl o ?z:. o�jec t'_ves. This is
A..
because there may exist in some instances a shcctzce Of
local sen•i ces such as sewer caoacity, classrooms, flOOd control or water scpplp
which ^zy adversely z`_fect a city or cc— `s.ity general plan.
2.00 °' L Z. :;E :i - ?tl ?3C ?S
The chjective use of t: ^.e !fiscal rev!ew orecess provides a'_fecte`- <�.'_ac
entities the oonertunities to assess the fiscal isoacts Of tax irrec.act finzaci-:
of redevelr_cent projects T.`.rough the ri =_cal review trccess the ee -ts Of tax
inc_eme_n_ __nancina Can be assessed Ln. G fectaC taJ.inc acenc_es _ 0. .e
_J recnd
_>__.elo ^t agency, as s=norted by'inza -ial stucCes or _.. ___a
Cpncx _e- by the County or se aff=_cted tai.^.; a- enczes, `. inanc -al'zl .=rnz__vas
to alle:d'n_ or m-4----ate zdverse ❑ c_„cal +pacts that r a occur as a rest.__ e_ tLZ..
_nr.._ct __r,,-cnc of .he _. t_ncec ____-eelc_. -.Ent :ccjec`,
r.,zv direct t'ne County ?.d.:.inistraz�ve Off^cer, on a case 'cv case 'basis, to call and
c'-air a seal review ec--dttse for __.._.s'oo^ent =rcjec-s pre- o=_xn- __ u__ , _zc_ tam.
inure -gent __nancinc so as to assess fiscal intects on ocher aff=_ctec wend es.
2.01
A. General goals of :ha proposed redeve'- oznent ?^eject.
i :nclucC:.c a cenenzl
9. t:ature of the zedevs _op ^font n:ej act,
des—_4o_'—r. of ce —.ezc izl and res"entia? ce-_= nents an9 ce•: e!op -e .c
clans.
C. Rh'_ic. buildings facilities, structures or ether
to be L_ar.cec through tax inure ^ent f_nencing as reg__red under :'.ea lt'a and Safety
Code Sec CC,. 33445.
?ro;ectec cash -o.ds frca tar. increment and related funds
the, support the prcject.
E. Icp1e - ^ -_.: a'.icc; p*.as :nc and related cocstr•- -t]cn activities,
both public and p ^_vane, including p_ jectec built -cut rates and atscrpticn Alta.
.. Analysis o: alterna`._!e and supplemental financial approaches
in aCCltror. to tax increment _fine nci.y, if ancrc:riate. •
G. Projected ann•_al tax increment c-ow:h _foz the duratle^ c`
the redevelopment plan.
F. Data _elating to se =4 ce costs of the e'_`ecteD
taxing aoenoies (e.g., fi e,sChoCl, Co'`ntV, etc.) res L•ltinc frem redevelp_ ^.e nt
project _ ole-entaticn. A desciction of how affected agencies will finance
increases, service costs shall also be included.
2.02 T'i?1C ?S. T'•3= e Y- - 1A." ------ _Pr;; m -- --cC '- _-
The fisca'_ review process for redevelopment projects crevices a net:ad
-or t -e a —ecteo taJ4na aCenc]es to cccrdinate and reach agreement .4th the
red_•: clpD . ° ^t Lcep ! of va ous _sues. Project ..t should be h .1 :e] to the
projEcz Jc'C_.Cary a.'.:_ that area adj in ia, wa'iC h i5 rE a5 C::2h LV a_ -2cted tV t :.12 ?_ c,,.
The issues Include, hot are not limited to, the _following:
A. Flood control sprave.ects and the _ cpera cn
maintenance.
B. Adci" cna'_ __re protection, fazilitSes, ecui_r..ehn
ar._ = to protect new ____ :e'c —end projects.
C. odd ch25 school aclllties and costs or Cparaz L-os. •
D. increased mater cyst demands in terns of ca_aci^_y and
E. Need for major infrastructure, artez4_1 road=_ or otter
faci'_ities .:_t of : ^•erw :se econcm4_cally �l e, except t`rougn the use of tax
i.ncr_ ___ancing.
F. Increase _- ser:ice de -and for health care, wel`_ass, other
soc_a_ services, and law and justice w; ^.ich are attribn table to implementation of I
the _ project.
2.03 TO
i2
.._ccx ion c- `scal im-acts, which are spec4" rall,v de fined and
subs ta:.t arse 'oy the a- -ecded tzxino acency, shall incicde `rut are not l_ -,item tom.
A. Alternat .:e financing prog:a.s may be used if and when pcs<_ible
(e.c., )o:nt a•.ers ecreementr, asset - rents, develc_er .fees, etc.), in lieu of tax
_.._r_.._.._ __.ancinc or in cc-j•n ^ction t :nerewitti
9. Considerari cn of the alleviat'_on of !fiscal impact for those
x__e__ed traac zcencies with l!nited capability for obtaining replacement reve_.
C. T-4- and /or dollar li..itaticns on the use of tax increment
z.:cice ma" be inc'__•d ed i.. ..,_ zap evelcpr,ent plat in acccrdance with the Cdr :n -Mity
Redevelc;=ent Law.
•D. Recavelctment Vrojects na, consider the cass-thrc,---*- C= -a%
increment revenue- to a'--ecme�- ra��;M- acenc4es 4' extenuat'nc
de-cnstrated by the affected agency. _. _ _�._..os vaich are
nor-.ally - pzoperty tax revenues to zne extent ascert--4rable f4scr-
4--cacm4on •l?l occur.
Wtitten agreements bet•.aeen the redevelc=.ent agency end th
of cte� taxi-.c a�enc4es to zanage mnst^'Ct4on and subsequent operaticn of the
f ac� li t� es are e.ccuraoed if wj thout• soon agreement a tr-4e f5 scal 17.Pact will r-a
brolght •upon the affected tax�ng agency as sh'all be de:onstratta Sy suz, affertez
tarring aCency.
F. U-U-4zation Of -EX inczetler" Wi11 vary .4tn eac- tr--ject !'as%a
Loon =rc-act time, !and use or ecoloyment Jntensity, area --n--c-ed Ly the pr-4ec--
and _.:acts Utcl services provided by a-`ectea entities. P.pn—zaz:cns C,
re54sn--! criteria is generally descrL-ned as follows:
Tax f�%anc",g for •=Mrove.emzs bene'-4-ng a 1--r-e
of ta-,7a,ers is cons4dernc acre favorably because loss of
affr-c-s Cornt•.- and other a3enc4es on e recz--nel bas-s. Local_
beam -_ ting properties are not co-24dered w3tn .`aver.
acnEra-, zene -.C-'zde a=tmzl&! roads' rerional flood Cnntz- c
zac�-c..e ate= and se.er lines. Local benef4t zrocra:ns 'a ce !4--nze�
7 c; --Y or
4nc_-ze od lane and =o-e asso:4ate: -t.-.
a..
Usa of tax 4ncre:�en-- zor -ZO4-cts wnic'- muzu--1 aoremman-
�e cz "nava s-ec-zal =rc*---'e.-.s snall be neCo----teA on the raszs C--
14car'e to -ha- project.
3.00
V_der the CaMfo=nLa Constitl--,ion and to Co--•an4ty Rade",ielocmnen- ---W'
tne &llocat_cn cd tax inc-enen- reven'--es is availahls for use _v
=edevelc=nent agenc4es or c_ties or coant4es. Tie County and the affected tz:-:�nz
acenc-SS sn st asns� . . a- their p murt;oses and -escom';' .1 —.
ser...-COS facilft-et and mutt-- no- vie, rec!evalcr-enz and the -_Sca- rev-sw -r,cess
as a Saj't�C.. tc cast `4SCaj
6Q--cienCies. the Count"• all
ta::-Inc a-enzlcs have the 0--!lCation to t-e Orec4se am3unz of r;sC -!
4-
C ion t-am -.ay be b=Quc-.t a_O'-t '-I a rcdevelcnnent -ro-ect.
or-j e-- -,.--,st b' v�Q•ed se=araI'el%' in aete__ning service re2-cns;%' �'
--,-itL
and ._seal irnac-s. To ens--re -'.-zt ber.e`Zs are obtained tt,
incre^e7.- and to rc-tential recional ccmnecition becmetn
tnt-'ties; it 45 necessary _-, to .'reca-:elop�ent ac�"itiss
wit.`. a mzt-'a!17 acceP-n--le -01227 t---t will resolve certain tax 4ncrz-menz an'
SsVern:-..Snta! juri scigt Tonal is cues
The purpose cf t-.4s '?rctose--' Policy Statement and VeMOZI-7-4•-M on,
Fedevelc=ne..t-• is to define -he neth"Olcg'i by which the Co:ntY and c�t4es '1411
UtU"e the redevelopment process to fur-ner the intent and tbe goals as szeaz.;e
i-I the Cc-----I.Ity nedevelcp�ent Law.
3.02 F;=S FCR 7=_*v__::P:EENT •
The basis of redeveiottlent recuires that a 7ro) I ect-are-
be to be blig-.tea as 6efzmed 'ray the Ccrn,_-.4ty Reaeve)cpment Law. The
Ccrxr_ntv 3e6e,elcoment 1,aw def-4-se, bl4gnt a te=s broad eno-th to 4nclude
S4t•_,al:1Cns U,,;Sue to jr.,livid-,al cities and- counties, and -the Cc'=.-Y w4l' not
c 1. ' ' ence any ny reasOneble intezpretation. c' b!4=1`� by a c4tY, Or seek to on'!, ----
such interpretation so as to Qc-tain other cOncessiOSS fro-n a city.
3.03 C- AGINCY
Healz` and Safety Code Section 33120 Eef4nes the terr`tor1_-'
Of a cc-anty redevelop�ent agency or a c4ty redevelopment agency.
-.-.e rec_,,n4zes the cit;es cc-cerns rs5ard-nt the cc•nZY's
eszarLis '.-ment of recevelcr,-e..t croject areas w"nic- are adJacenz to c�t�as or are
5- rated •itni- sz-e=es of inf!-_,ence of a c4-v.
Tne `sties rso-_c_ize tne County's concern over its ability' to
n for z'-e ss^ zes generazed by a cry's redeelopMenz -reject. -' -5
7.
sor,-�Ces will vary from c4ty -0 c4ty and that the ct.-nz-v w4"
=zov-de -Ztant- s,_,c.n serl;4=es,
a.
aivs�s to s,' ate
d
the need End zr, tle c•r_'Y & n t
C4- -s zr.e re�evelctms.,- mrccess. 7n CCnSiderZ-_4..n 0' these L-ea_ Cn
cr.-Cern,
,;"I ncz rai;e the re .-lcavelozent of lan�nccr2cr-Zed
areas the sr',ere of in-1-jence of any incorporated c4zY without prier
"
no:_ C a _on C- 4ntont no the a=zrc-riaze city• in adeli,iCn to t�e State law
re�mn-s per-an4n; to the of a Fiscal GeV;-W CG7a4ZZCe, the
-cl lc.inc shall a=SIV:
Notice of the estahI4z.--,smnt Of a Fiscal Rev;ew Cc�;ztee
a._ all -eez.,-S . be �ves of 4
Sai I sent to t-e renresE_.�al: the c
ci—es and es
zne otner zam-ng azenc-
___ -!IV r - _nz
t-e rict to preset= --r. c=..atio.. to the Co—_..ittee GPecz�ic- e7s�-
fiscal ; pcnt sl =rc--Cz W�th_;n the�r
or s-heze o-,
B. Will p-tv�de each af-2Zte,j C4 ty Wit
h a COSY O: CC C'LTR n15
r 4
to ,,e co sty's propcscd reCevelc=ent pro4-,t for t he i e V QW and
C. T.-le ccum-y agrees not to !._,Sthnr pr,ceed4ngs for a
reAevelom.-ent =roject within a s-,'-erc of J..�Iuence if the city, w4th'n 30 days
j
0- .ctice o� the z:reject, 4n4tiates nrcceedincs to an-ax all that cr,"_
.4 ='-ere 0' If tne cit, c'zta4rc &--roval ne Local Azcn,
of
t�,e
,at4ch C,45s;c_ With4n 1c0 days, the Co.,- 5peS6 .1 on the
will 5 action
redevelonment =-oject until "-.a ccn_-•-*Ct;nC --moictes ins acticft. If e
annexat4crl proposal is denied oy the :.,;.7C w4th4n the s—,he period, the 411
revare activities to aecpt the redevelop -meet plan.
• Si-i'_arly, the CIT'L and the CCDiM_
F. Wi11 not attemtt to have a recce mictzent project o_
-set
se= rice de-ands in other areas o`_ the jurisdiction, Wi11 only access fiscal
co ^.ce ^s reletiag to inceasec service demands generated by a redevelc-.ent ?r_- =t
which af:ect services within the jurisdiction in=acted by the redevelo =amt. - �ect,
H. Will not undertake redevelo_ment to be financed in whole or
in pact frog tax increment revenues yithou= considering and evaluating the concerns
raised by the affected toxin. agencies as to the fiscal impacts de. :.ens =rated .`.;+ t "-
a`fected to inc acenc ?es thrpuci independent :iscal studies cona=tec by :he Co..:• =y
and the af`_ecrec taxing agencies.
C. W -11 consult with the affected taxi.. ^.c agencies as to fiscal
i..cact G` the proposed redevelo=,ent project during the preparation c the
re,2evejo=ent plan...
D. Will inccr_ orate in the redevelo =rant =1zn the necessz:', t -=e
and do1'_zr l_ —ta :ices in acct-dance w -th :'.he rec!x_eaents c'_ the
$ecevelcpment law.
Cam Sra.'.r a0 and 0. $��2: Ji sLrS
C?^! o-
N.ayor
��� �,•.
1�1
4
Ct
L0CA'LAGcMCY F 0SP11A To! 0NC0N1 Ill ISS1OM
825 ca::t Third Street, 2nd Floor, Room 201
San 3erna7dino, CA 32415 • 17141 3832011
t% ylti ;i
March 14, 1983
TO: The Mayor and City Manager of San Bernardino County
Cities; and
The Chairman of the Board of Supervisors and the County
Administrative Officer
All Cities have received the proposed County -City Cooperative
Policy package. Some Cities have responded as generally con-
curring with the program, others are still considering its
ramifications.
City representatives have asked the LAFC staff to review the pro-
posed program and comment on its implications to the LAFC regulatory
role.
The attached staff report is that response.
In the staff's view two very important concerns are evident in
the proposal:
In a City effort to annex large areas of its Sphere of
Influence which might straighten boundaries and consol-
idate service delivery, if the annexation fails -- either
by protest or election -- then that area is removed from
the City's Sphere of Influence for five years. The LAFC
staff does not believe this to be somthing cities should
approve.
2. In a proposed County Redevelopment Project within a City's
Sphere of Influence, the County would give the City the
right to annex the area. If the annexation fails, the
County could then proceed with the redevelopment project
-- presumably without protest from the City.
The LAFC staff report outlines the rationale for LAFC concern for
these two proposals.
1X�
•
r -1
L J
•
•
L
i
LETTER TO: Mayors and City Managers
Chairman of the Board of
Officer
SUBJECT: County -City Cooperative
DATE: March 14, 1983
PAGE TWO
of San Bernardino County Cities
Supervisors and County Administrative
Policy Package
The Local Agency Formation Commission at its March hearing concurred
with the staff findings and concerns and instructed the staff to report
these concerns to the Cities and the County.
The LAFC applauds the City- County efforts in more amicable relationships
and cooperation, but as to these particular provisions of the package,
neither legislation nor cooperative agreements to give away the City
preragatives seem w Ise.
Respe Fully,
r
LARR HENDON
Executive Officer
LHH:krm
r
F F il't
iC
` i! 1CCT
LOCAL AGENCY FORMATION COMMISSION
COUNTY OF SAN 13ERNARDINO
It7b I.nt lln.a Su�r� Jnd Fluw, Ilmnn 711:
iii lb ai.m 6nn CA 17915 (7141:1837611
February 21, 1983
LARRY H. HENDON, Executive Officer
LOCAL AGENCY FORMATION COMMISSION
Review of County Proposed Policy Package
and its Effect on the LAFC
\J
SITUATTO'1: At the January hearing, Commissioner Dondelinger called atten-
tion to a packet of materials which the County has mailed to all cities
for review and response, and asked that the Commission review these as to
the implication of these to LAFC operations.
The packet of materials is attached and addresses four areas of City- .
County cooperation:
1) Annexation tax transfer formulas;
2) Proposed annexation legislation;
3) City - County Redevelopment Memorandum of Understanding; and
4) Proposal for joint legislative advocacy.
This combined program was the result of a Cities - County retreat called
to encourage City - County cooperative efforts, which, in the staff view,
was called for several reasons:
1) In response to City concerns relating to the tax appor-
tionment formula (the Cities supported the LAFC staff
position paper).
'L. The County's interest in realigning service boundaries
of cities which were confusing and inefficient in ser-
vice delivery.
3) Growing concerns on both sides relating to the Cities
and the County's use of Redevelopment Agency law.
4) The growing fiscal concerns of local government with •
a possible unified approach to proposed legislation.
1r 1
• Review of County Proposed
Policy Package
Pace 2
February 21, 1983
The LAFC staff supports the proposal except for two elements
1)
In a proposed City annexation, within its Sphere of Influence,
which fails by reason of a majority protest or election, the
County proposes that that area be removed from the City's Sphere
of Influence for five years.
In the staff view, this removal of territory from a City's Sphere
by this device is not appropriate. It would prevent the City from
further annexation attempts for five years, it would extend the
mix of City- County service in the Community for five years, and
it would lend credibility to the County in continuing urban develop-
ment and County Services within City Spheres of Influence. ., , T
2)
The County proposes that in areas within a City's Sphere of Influence
in which the County would like to establish a redevelopment agency
for a renewal project, the County would notify the City. The City
could then initiate an annexation proceeding for the subject area,
and if the annexation proposal failed, the County would then be
•
free to establish a Redevelopment Agency in that area of the City's
Sphere of Influence.
The LAFC staff does not feel that such an arrangement would be
in the public interest.
In the staff view, areas which are urbanizing in a City Community
which are within the City's Sphere of Influence should be annexed
to the City.
Areas within the City's Sphere which are in need of redevelopment
and /or renewal should be annexed to the City.
As long as the County gives encouragement to citizens within a City's
Sphere of Influence to stay in the unincorporated area, and assures
"
them of a continued high level of urban services- -even to include
a renewal project using redevelopment funds, there is no reason for
people in need of urban service to annex to the City so an ineffi-
cient confusion of services continues.
If
the Commission agrees with staff's conclusions or has other concerns
for
the package of proposals, it would be appropriate to make such con-
clusions
known to the County and to Cities.
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